The Controlled Substances
Act (CSA), Title II of the Comprehensive Drug Abuse Prevention and Control
Act of 1970, is the legal foundation of the government's fight against
the abuse of drugs and other substances. This law is a consolidation of
numerous laws regulating the manufacture and distribution of narcotics,
stimulants, depressants, hallucinogens, anabolic steroids, and chemicals
used in the illicit production of controlled substances.

The CSA places all
substances that are regulated under existing federal law into one of five
schedules. This placement is based upon the substance's medicinal value,
harmfulness, and potential for abuse or addiction. Schedule I is reserved
for the most dangerous drugs that have no recognized medical use, while
Schedule V is the classification used for the least dangerous drugs. The
act also provides a mechanism for substances to be controlled, added to
a schedule, decontrolled, removed from control, rescheduled, or transferred
from one schedule to another.

Proceedings to add,
delete, or change the schedule of a drug or other substance may be initiated
by the Drug Enforcement Administration (DEA), the Department of Health
and Human Services (HHS), or by petition from any interested party, including
the manufacturer of a drug, a medical society or association, a pharmacy
association, a public interest group concerned with drug abuse, a state
or local government agency, or an individual citizen. When a petition
is received by the DEA, the agency begins its own investigation of the
drug.

The DEA also may
begin an investigation of a drug at any time based upon information received
from law enforcement laboratories, state and local law enforcement and
regulatory agencies, or other sources of information.

Once the DEA has
collected the necessary data, the DEA Administrator, by authority of the
Attorney General, requests from the HHS a scientific and medical evaluation
and recommendation as to whether the drug or other substance should be
controlled or removed from control. This request is sent to the Assistant
Secretary of Health of the HHS. Then, the HHS solicits information from
the Commissioner of the Food and Drug Administration and evaluations and
recommendations from the National Institute on Drug Abuse, and on occasion,
from the scientific and medical community at large. The Assistant Secretary,
by authority of the Secretary, compiles the information and transmits
back to the DEA a medical and scientific evaluation regarding the drug
or other substance, a recommendation as to whether the drug should be
controlled, and in what schedule it should be placed.

The medical and scientific
evaluations are binding to the DEA with respect to scientific and medical
matters. The recommendation on scheduling is binding only to the extent
that if HHS recommends that the substance not be controlled, the DEA may
not control the substance.

Once the DEA has
received the scientific and medical evaluation from HHS, the Administrator
will evaluate all available data and make a final decision whether to
propose that a drug or other substance be controlled and into which schedule
it should be placed.

The CSA also creates
a closed system of distribution for those authorized to handle controlled
substances. The cornerstone of this system is the registration of all
those authorized by the DEA to handle controlled substances. All individuals
and firms that are registered are required to maintain complete and accurate
inventories and records of all transactions involving controlled substances,
as well as security for the storage of controlled substances.

(1) Many of the drugs
included within this title have a useful and legitimate medical purpose
and are necessary to maintain the health and general welfare of the American
people.

(2) The illegal importation,
manufacture, distribution, and possession and improper use of controlled
substances have a substantial and detrimental effect on the health and
general welfare of the American people.

(3) A major portion
of the traffic in controlled substances flows through interstate and foreign
commerce. Incidents of the traffic which are not an integral part of the
interstate or foreign flow, such as manufacture, local distribution, and
possession, nonetheless have a substantial and direct effect upon interstate
commerce because--

after manufacture,
many controlled substances are transported in interstate commerce,

controlled substances
distributed locally usually have been transported in interstate commerce
immediately before their distribution, and

(4) Local distribution
and possession of controlled substances contribute to swelling the interstate
traffic in such substances.

(5) Controlled substances
manufactured and distributed intrastate cannot be differentiated from
controlled substances manufactured and distributed interstate. Thus, it
is not feasible to distinguish, in terms of controls, between controlled
substances manufactured and distributed interstate and controlled substances
manufactured and distributed intrastate.

(6) Federal control
of the intrastate incidents of the traffic in controlled substances is
essential to the effective control of the interstate incidents of such
traffic.

(7) The United States
is a party to the Single Convention on Narcotic Drugs, 1961, and other
international conventions designed to establish effective control over
international and domestic traffic in controlled substances.

(1) The Congress
has long recognized the danger involved in the manufacture, distribution,
and use of certain psychotropic substances for nonscientific and nonmedical
purposes, and has provided strong and effective legislation to control
illicit trafficking and to regulate legitimate uses of psychotropic substances
in this country. Abuse of psychotropic substances has become a phenomenon
common to many countries, however, and is not confined to national borders.
It is, therefore, essential that the United States cooperate with other
nations in establishing effective controls over international traffic
in such substances.

(2) The United States
has joined with other countries in executing an international treaty,
entitled the Convention on Psychotropic Substances and signed at Vienna,
Austria, on February 21, 1971, which is designed to establish suitable
controls over the manufacture, distribution, transfer, and use of certain
psychotropic substances. The Convention is not self-executing, and the
obligations of the United States thereunder may only be performed pursuant
to appropriate legislation. It is the intent of the Congress that the
amendments made by this Act, together with the existing law, will enable
the United States to meet all of its obligations under the Convention
and that no further legislation will be necessary for that purpose.

(3) In implementing
the Convention on Psychotropic Substances, the Congress intends that,
consistent with the obligations of the United States under the Convention,
control of psychotropic substances in the United States should be accomplished
within the framework of the procedures and criteria for classification
of substances provided in the Comprehensive Drug Abuse Prevention and
Control Act of 1970. This will insure that (A) the availability of psychotropic
substances to manufacturers, distributors, dispensers, and researchers
for useful and legitimate medical and scientific purposes will not be
unduly restricted; (B) nothing in the Convention will interfere with bona
fide research activities; and (C) nothing in the Convention will interfere
with ethical medical practice in this country as determined by the Secretary
of Health, Education, and Welfare [Secretary of Health and Human Services]
on the basis of a consensus of the views of the American medical and scientific
community.

"This Act", referred
to in this section, is Act Nov. 10, 1978, P.L. 95-633, 92 Stat. 2768,
which enacted this section, among other things. For full classification
of such Act, consult USCS Tables volumes.

"The Comprehensive
Drug Abuse Prevention and Control Act of 1970", referred to in this section,
is Act Oct. 27, 1970, P. L. 91-513, 84 Stat. 1236, which appears generally
as 21 USCS Sections 801 et seq. For full classification of such
Act, consult USCS Tables volumes.

EXPLANATORY NOTES:

The bracketed words
"Secretary of Health and Human Services" are inserted on authority of
Act Oct. 17, 1979, P. L. 96-88, Title V, Section 509, 93 Stat. 695, which
appears as 20 USCS Section 3508, and which redesignated the Secretary
of Health, Education, and Welfare as the Secretary of Health and Human
Services and provided that any reference to the Secretary of Health, Education,
and Welfare, in any law in force on the effective date of such Act Oct.
17, 1979, shall be deemed to refer and apply to the Secretary of Health
and Human Services, except to the extent such reference is to a function
or office transferred to the Secretary of Education or the Department
of Education under such Act Oct. 17, 1979.

This section was
enacted as part of Act Nov. 10, 1978, P. L. 95-633, and not as part of
Act Oct. 27, 1970, P. L. 91-513, which generally comprises this chapter.

EFFECTIVE DATE OF
SECTION:

For the effective
date of this section, see the other provisions note to this section.

OTHER PROVISIONS:

Effective date of
Act Nov. 10, 1978. Act Nov. 10, 1978, P.L. 95-633, Title I, Section 112,
92 Stat. 3774, provided: "This title and the amendments made by this title
[enacting this section, among other things; for full classification of
such Title, consult USCS Tables volumes] shall take effect on the date
the Convention on Psychotropic Substances, signed at Vienna, Austria on
February 21, 1971, enters into force in respect to the United States on
July 15, 1980.

(1) The term "addict"
means any individual who habitually uses any narcotic drug so as to endanger
the public morals, health, safety, or welfare, or who is so far addicted
to the use of narcotic drugs as to have lost the power of self-control
with reference to his addiction.

(2) The term "administer"
refers to the direct application of a controlled substance to the body
of a patient or research subject by--

a practitioner
(or, in his presence, by his authorized agent), or

the patient or
research subject at the direction and in the presence of the practitioner,

whether such application
be by injection, inhalation, ingestion, or any other means.

(3) The term "agent"
means an authorized person who acts on behalf of or at the direction of
a manufacturer, distributor, or dispenser; except that such term does
not include a common or contract carrier, public warehouseman, or employee
of the carrier or warehouseman, when acting in the usual and lawful course
of the carrier's or warehouseman's business.

(4) The term "Drug
Enforcement Administration" means the Drug Enforcement Administration
in the Department of Justice.

(5) The term "control"
means to add a drug or other substance, or immediate precursor, to a schedule
under part B of this title, whether by transfer from another schedule
or otherwise.

(6) The term "controlled
substance" means a drug or other substance, or immediate precursor, included
in schedule I, II, III, IV, or V of part B of this title [21 USCS
Section 812]. The term does not include distilled spirits, wine,
malt beverages, or tobacco, as those terms are defined or used in subtitle
E of the Internal Revenue Code of 1954 [26 USCS Sections 5001 et seq.].

(7) The term "counterfeit
substance" means a controlled substance which, or the container or labeling
of which, without authorization, bears the trademark, trade name, or other
identifying mark, imprint, number, or device, or any likeness thereof,
of a manufacturer, distributor, or dispenser other than the person or
persons who in fact manufactured, distributed, or dispensed such substance
and which thereby falsely purports or is represented to be the product
of, or to have been distributed by, such other manufacturer, distributor,
or dispenser.

(8) The terms "deliver"
or "delivery" mean the actual, constructive, or attempted transfer of
a controlled substance or a listed chemical, whether or not there exists
an agency relationship.

(9) The term "depressant
or stimulant substance" means--

a drug which contains
any quantity of (i) barbituric acid or any of the salts of barbituric
acid; or (ii) any derivative of barbituric acid which has been designated
by the Secretary as habit forming under section 502(d) of the Federal
Food, Drug, and Cosmetic Act (21 U. S. C. 352(d)) [21 USCS Section
352(d)]; or

a drug which contains
any quantity of (i) amphetamine or any of its optical isomers; (ii)
any salt of amphetamine or any salt of an optical isomer of amphetamine;
or (iii) any substance which the Attorney General, after investigation,
has found to be, and by regulation designated as, habit forming because
of its stimulant effect on the central nervous system; or

lysergic acid
diethylamide; or

any drug which
contains any quantity of a substance which the Attorney General, after
investigation, has found to have, and by regulation designated as having,
a potential for abuse because of its depressant or stimulant effect
on the central nervous system or its hallucinogenic effect.

(10) The term "dispense"
means to deliver a controlled substance to an ultimate user or research
subject by, or pursuant to the lawful order of, a practitioner, including
the prescribing and administering of a controlled substance and the packaging,
labeling, or compounding necessary to prepare the substance for such delivery.
The term "dispenser" means a practitioner who so delivers a controlled
substance to an ultimate user or research subject.

(11) The term "distribute"
means to deliver (other than by administering or dispensing) a controlled
substance or a listed chemical. The term "distributor" means a person
who so delivers a controlled substance or a listed chemical.

(12) The term "drug"
has the meaning given that term by section 201(g)(1) of the Federal Food,
Drug, and Cosmetic Act [21 USCS Section 321(g)(1)].

(13) The term "felony"
means any Federal or State offense classified by applicable Federal or
State law as a felony.

(14) The term "isomer"
means the optical isomer, except as used in schedule I(c) and schedule
II(a)(4) [21 USCS Section 812]. As used in schedule I(c) [21
USCS Section 812], the term "isomer" means any optical, positional,
or geometric isomer. As used in schedule II(a)(4) [21 USCS Section
812], the term "isomer" means any optical or geometric isomer.

(15) The term "manufacture"
means the production, preparation, propagation, compounding, or processing
of a drug or other substance, either directly or indirectly or by extraction
from substances of natural origin, or independently by means of chemical
synthesis or by a combination of extraction and chemical synthesis, and
includes any packaging or repackaging of such substance or labeling or
relabeling of its container; except that such term does not include the
preparation, compounding, packaging, or labeling of a drug or other substance
in conformity with applicable State or local law by a practitioner as
an incident to his administration or dispensing of such drug or substance
in the course of his professional practice. The term "manufacturer" means
a person who manufactures a drug or other substance.

(16) The term "marihuana"
means all parts of the plant Cannabis sativa L., whether growing or not;
the seeds thereof; the resin extracted from any part of such plant; and
every compound, manufacture, salt, derivative, mixture, or preparation
of such plant, its seeds or resin. Such term does not include the mature
stalks of such plant, fiber produced from such stalks, oil or cake made
from the seeds of such plant, any other compound, manufacture, salt, derivative,
mixture, or preparation of such mature stalks (except the resin extracted
therefrom), fiber, oil, or cake, or the sterilized seed of such plant
which is incapable of germination.

(17) The term "narcotic
drug" means any of the following whether produced directly or indirectly
by extraction from substances of vegetable origin, or independently by
means of chemical synthesis, or by a combination of extraction and chemical
synthesis:

Opium, opiates,
derivatives of opium and opiates, including their isomers, esters, ethers,
salts, and salts of isomers, esters, and ethers, whenever the existence
of such isomers, esters, ethers, and salts is possible within the specific
chemical designation. Such term does not include the isoquinoline alkaloids
of opium.

Poppy straw and
concentrate of poppy straw.

Coca leaves, except
coca leaves and extracts of coca leaves from which cocaine, ecgonine,
and derivatives of ecgonine or their salts have been removed.

Cocaine, its salts,
optical and geometric isomers, and salts of isomers.

Ecgonine, its
derivatives, their salts, isomers, and salts of isomers.

Any compound,
mixture, or preparation which contains any quantity of any of the substances
referred to in subparagraphs (A) through (E).

(18) The term "opiate"
means any drug or other substance having an addiction-forming or addiction-sustaining
liability similar to morphine or being capable of conversion into a drug
having such addiction-forming or addiction-sustaining liability.

(19) The term "opium
poppy" means the plant of the species Papaver somniferum L., except the
seed thereof.

(20) The term "poppy
straw" means all parts, except the seeds, of the opium poppy, after mowing.

(21) The term "practitioner"
means a physician, dentist, veterinarian, scientific investigator, pharmacy,
hospital, or other person licensed, registered, or otherwise permitted,
by the United States or the jurisdiction in which he practices or does
research, to distribute, dispense, conduct research with respect to, administer,
or use in teaching or chemical analysis, a controlled substance in the
course of professional practice or research.

(22) The term "production"
includes the manufacture, planting, cultivation, growing, or harvesting
of a controlled substance.

(23) The term "immediate
precursor" means a substance--

which the Attorney
General has found to be and by regulation designated as being the principal
compound used, or produced primarily for use, in the manufacture of
a controlled substance;

which is an immediate
chemical intermediary used or likely to be used in the manufacture of
such controlled substance; and

the control of
which is necessary to prevent, curtail, or limit the manufacture of
such controlled substance.

(24) The term "Secretary,"
unless the context otherwise indicates, means the Secretary of Health,
Education, and Welfare [Secretary of Health and Human Services]

protracted loss
or impairment of the function of a bodily member, organ, or mental faculty.

(26) The term "State"
means any state, territory, or possession of the United States, the District
of Columbia, the Commonwealth of Puerto Rico, the Trust Territory of the
Pacific Islands, and the Canal Zone.

(27) The term "ultimate
user" means a person who has lawfully obtained, and who possesses, a controlled
substance for his own use or for the use of a member of his household
or for an animal owned by him or by a member of his household.

(28) The term "United
States", when used in a geographic sense, means all places and waters,
continental or insular, subject to the jurisdiction of the United States.

(29) The term "maintenance
treatment" means the dispensing, for a period in excess of twenty-one
days, of a narcotic drug in the treatment of an individual for dependence
upon heroin or other morphine-like drugs.

(30) The term "detoxification
treatment" means the dispensing, for a period not in excess of one hundred
and eighty days, of a narcotic drug in decreasing doses to an individual
in order to alleviate adverse physiological or psychological effects incident
to withdrawal from the continuous or sustained use of a narcotic drug
and as a method of bringing the individual to a narcotic drug-free state
within such period.

(31) The term "Convention
on Psychotropic Substances" means the Convention on Psychotropic Substances
signed at Vienna, Austria, on February 21, 1971; and the term "Single
Convention on Narcotic Drugs" means the Single Convention on Narcotic
Drugs signed at New York, New York, on March 30, 1961.

(32)

Except as provided
in subparagraph (B), the term "controlled substance analogue" means
a substance--

(i) the chemical structure of which is substantially similar to the
chemical structure of a controlled substance in schedule I or II;

(ii) which has a stimulant, depressant, or hallucinogenic effect on
the central nervous system that is substantially similar to or greater
than the stimulant, depressant, or hallucinogenic effect on the central
nervous system of a controlled substance in schedule I or II; or

(iii) with respect to a particular person, which such person represents
or intends to have a stimulant, depressant, or hallucinogenic effect
on the central nervous system that is substantially similar to or greater
than the stimulant, depressant, or hallucinogenic effect on the central
nervous system of a controlled substance in schedule I or II.

Such term does
not include--

(i) a controlled substance;

ii) any substance for which there is an approved new drug application;

(iii) with respect to a particular person any substance, if an exemption
is in effect for investigational use, for that person, under section
505 of the Federal Food, Drug, and Cosmetic Act (21 U.S.C. 355) to the
extent conduct with respect to such substance is pursuant to such exemption;
or

(iv) any substance to the extent not intended for human consumption
before such an exemption takes effect with respect to that substance.

(33) The term "listed
chemical" means any list I chemical or any list II chemical.

(34) The term " list
I chemical" means a chemical specified by regulation of the Attorney General
as a chemical that is used in manufacturing a controlled substance in
violation of this title and is important to the manufacture of the controlled
substances, and such term includes (until otherwise specified by regulation
of the Attorney General, as considered appropriate by the Attorney General
or upon petition to the Attorney General by any person) the following:

Anthranilic acid,
its esters, and its salts.

Benzyl cyanide.

Ephedrine, its
salts, optical isomers, and salts of optical isomers.

Ergonovine and
its salts.

Ergotamine and
its salts.

N-Acetylanthranilic
acid, its esters, and its salts.

Norpseudoephedrine,
its salts, optical isomers, and salts of optical isomers.

Phenylacetic acid,
its esters, and its salts.

Phenylpropanolamine,
its salts, optical isomers, and salts of optical isomers.

Piperidine and
its salts.

Pseudoephedrine,
its salts, optical isomers, and salts of optical isomers.

3,4-Methylenedioxyphenyl-2-propanone.

Methylamine.

Ethylamine.

Propionic anhydride.

Insosafrole.

Safrole.

Piperonal.

N-Methylepherdrine.

N-methylpseudoephedrine.

Hydriotic acid.

Benzaldehyde.

Nitroethane.

Any salt, optical
isomer, or salt of an optical isomer of the chemicals listed in subparagraphs
(M) through (U) of this paragraph.

(35) The term " list
II chemical" means a chemical (other than a list I chemical) specified
by regulation of the Attorney General as a chemical that is used in manufacturing
a controlled substance in violation of this title, and such term includes
(until otherwise specified by regulation of the Attorney General, as considered
appropriate by the Attorney General or upon petition to the Attorney General
by any person) the following chemicals:

Acetic anhydride.

Acetone.

Benzyl chloride.

Ethyl ether.

[Repealed]

Potassium permanganate.

2-Butanone.

Toluene.

(36) The term "regular
customer" means, with respect to a regulated person, a customer with whom
the regulated person has an established business relationship that is
reported to the Attorney General.

(37) The term "regular
importer" means, with respect to a listed chemical, a person that has
an established record as an importer of that listed chemical that is reported
to the Attorney General.

(38) The term "regulated
person" means a person who manufactures, distributes, imports, or exports
a listed chemical, a tableting machine, or an encapsulating machine or
who acts as a broker or trader for an international transaction involving
a listed chemical, a tableting machine, or an encapsulating machine.

(39) The term "regulated
transaction" means--

a distribution,
receipt, sale, importation, or exportation of, or an international transaction
involving shipment of, a listed chemical, or if the Attorney General
establishes a threshold amount for a specific listed chemical, a threshold
amount, including a cumulative threshold amount for multiple transactions
(as determined by the Attorney General, in consultation with the chemical
industry and taking into consideration the quantities normally used
for lawful purposes), of a listed chemical, except that such term does
not include--

(i) a domestic lawful distribution in the usual course of business between
agents or employees of a single regulated person;

(ii) a delivery of a listed chemical to or by a common or contract carrier
for carriage in the lawful and usual course of the business of the common
or contract carrier, or to or by a warehouseman for storage in the lawful
and usual course of the business of the warehouseman, except that if
the carriage or storage is in connection with the distribution, importation,
or exportation of a listed chemical to a third person, this clause does
not relieve a distributor, importer, or exporter from compliance with
section 310 [21 USCS Section 830];

(iii) any category of transaction or any category of transaction for
a specific listed chemical or chemicals specified by regulation of the
Attorney General as excluded from this definition as unnecessary for
enforcement of this title or title III;

(iv) any transaction in a listed chemical that is contained in a drug
that may be marketed or distributed lawfully in the United States under
the Federal Food, Drug, and Cosmetic Act (21 U.S.C. 301 et seq.) unless-

(I)

(aa) the drug contains ephedrine or its salts, optical isomers, or salts
of optical isomers as the only active medicinal ingredient or contains
ephedrine or its salts, optical isomers, or salts of optical isomers
and therapeutically insignificant quantities of another active medicinal
ingredient; or

(bb) the Attorney General has determined under section 204 [21 USCS
Section 814] that the drug or group of drugs is being diverted
to obtain the listed chemical for use in the illicit production of a
controlled substance; and

(II) the quantity of ephedrine or other listed chemical contained in
the drug included in the transaction or multiple transactions equals
or exceeds the threshold established for that chemical by the Attorney
General; or

(v) any transaction in a chemical mixture which the Attorney General
has by regulation designated as exempt from the application of this
title and title III based on a finding that the mixture is formulated
in such a way that it cannot be easily used in the illicit production
of a controlled substance and that the listed chemical or chemicals
contained in the mixture cannot be readily recovered; and

a distribution,
importation, or exportation of a tableting machine or encapsulating
machine.

(40) The term "chemical
mixture" means a combination of two or more chemical substances, at least
one of which is not a list I chemical or a list II chemical, except that
such term does not include any combination of a list I chemical or a list
II chemical with another chemical that is present solely as an impurity.

(41)

The term "anabolic
steroid" means any drug or hormonal substance, chemically and pharmacologically
related to testosterone (other than estrogens, progestins, and corticosteroids)
that promotes muscle growth, and includes--

(i) boldenone,

(ii) chlorotestosterone,

(iii) clostebol,

(iv) dehydrochlormethyltestosterone,

(v) dihydrotestosterone,

(vi) drostanolone,

(vii) ethylestrenol,

(viii) fluoxymesterone,

(ix) formebulone,

(x) mesterolone,

(xi) methandienone,

(xii) methandranone,

(xiii) methandriol,

(xiv) methandrostenolone,

(xv) methenolone,

(xvi) methyltestosterone,

(xvii) mibolerone,

(xviii) nandrolone,

(xix) norethandrolone,

(xx) oxandrolone,

(xxi) oxymesterone,

(xxii) oxymetholone,

(xxiii) stanolone,

(xxiv) stanozolol,

(xxv) testolactone,

(xxvi) testosterone,

(xxvii) trenbolone, and

(xxviii) any salt, ester, or isomer of a drug or substance described
or listed in this paragraph, if that salt, ester, or isomer promotes
muscle growth.

(i) Except as
provided in clause (ii), such term does not include an anabolic steroid
which is expressly intended for administration through implants to cattle
or other nonhuman species and which has been approved by the Secretary
of Health and Human Services for such administration.

(ii) If any person prescribes, dispenses, or distributes such steroid
for human use, such person shall be considered to have prescribed, dispensed,
or distributed an anabolic steroid within the meaning of subparagraph
(A).

(42) The term "international
transaction" means a transaction involving the shipment of a listed chemical
across an international border (other than a United States border) in
which a broker or trader located in the United States participates.

(43) The terms "broker"
and "trader" mean a person that assists in arranging an international
transaction in a listed chemical by--

negotiating contracts;

serving as an
agent or intermediary; or

bringing together
a buyer and seller, a buyer and transporter, or a seller and transporter.

[(44)](43) The term
"felony drug offense" means an offense that is punishable by imprisonment
for more than one year under any law of the United States or of a State
or foreign country that prohibits or restricts conduct relating to narcotic
drugs, marihuana, or depressant or stimulant substances.

(a) Rules and regulations
of Attorney General; hearing. The Attorney General shall apply the provisions
of this title to the controlled substances listed in the schedules established
by section 202 of this title [21 USCS Section 812] and to any
other drug or other substance added to such schedules under this title.
Except as provided in subsections (d) and (e), the Attorney General may
by rule--

add to such a
schedule or transfer between such schedules any drug or other substance
if he--

(A) finds that such drug or other substance has a potential for abuse,
and

(B) makes with respect to such drug or other substance the findings
prescribed by subsection (b) of section 202 [21 USCS Section 812(b)]
for the schedule in which such drug is to be placed; or

(2) remove any
drug or other substance from the schedules if he finds that the drug
or other substance does not meet the requirements for inclusion in any
schedule.

Rules of the Attorney
General under this subsection shall be made on the record after opportunity
for a hearing pursuant to the rulemaking procedures prescribed by subchapter
II of chapter 5 of title 5 of the United States Code [5 USCS 551 et seq.]. Proceedings for the issuance, amendment, or repeal of such rules
may be initiated by the Attorney General (1) on his own motion, (2) at
the request of the Secretary, or (3) on the petition of any interested
party.

(b) Evaluation of
drugs and other substances. The Attorney General shall, before initiating
proceedings under subsection (a) to control a drug or other substance
or to remove a drug or other substance entirely from the schedules, and
after gathering the necessary data, request from the Secretary a scientific
and medical evaluation, and his recommendations, as to whether such drug
or other substance should be so controlled or removed as a controlled
substance. In making such evaluation and recommendations, the Secretary
shall consider the factors listed in paragraphs (2), (3), (6), (7), and
(8) of subsection (c) and any scientific or medical considerations involved
in paragraphs (1), (4), and (5) of such subsection. The recommendations
of the Secretary shall include recommendations with respect to the appropriate
schedule, if any, under which such drug or other substance should be listed.
The evaluation and the recommendations of the Secretary shall be made
in writing and submitted to the Attorney General within a reasonable time.
The recommendations of the Secretary to the Attorney General shall be
binding on the Attorney General as to such scientific and medical matters,
and if the Secretary recommends that a drug or other substance not be
controlled, the Attorney General shall not control the drug or other substance.
If the Attorney General determines that these facts and all other relevant
data constitute substantial evidence of potential for abuse such as to
warrant control or substantial evidence that the drug or other substance
should be removed entirely from the schedules, he shall initiate proceedings
for control or removal, as the case may be, under subsection (a).

(c) Factors determinative
of control or removal from schedules. In making any finding under subsection
(a) of this section or under subsection (b) of section 202 [21 USCS
Section 812(b)], the Attorney General shall consider the following
factors with respect to each drug or other substance proposed to be controlled
or removed from the schedules:

Its actual or
relative potential for abuse.

Scientific evidence
of its pharmacological effect, if known.

The state of current
scientific knowledge regarding the drug or other substance.

Its history and
current pattern of abuse.

The scope, duration,
and significance of abuse.

What, if any,
risk there is to the public health.

Its psychic or
physiological dependence liability.

Whether the substance
is an immediate precursor of a substance already controlled under this
title.

If control is
required by United States obligations under international treaties,
conventions, or protocols in effect on the effective date of this part,
the Attorney General shall issue an order controlling such drug under
the schedule he deems most appropriate to carry out such obligations,
without regard to the findings required by subsection (a) of this section
or section 202(b) [21 USCS Section 812(b)] and without regard
to the procedures prescribed by subsections (a) and (b) of this section.

(A) Whenever the Secretary of State receives notification from the Secretary-General
of the United Nations that information has been transmitted by or to
the World Health Organization, pursuant to article 2 of the Convention
on Psychotropic Substances, which may justify adding a drug or other
substance to one of the schedules of the Convention, transferring a
drug or substance from one schedule to another, or deleting it from
the schedules, the Secretary of State shall immediately transmit the
notice to the Secretary of Health, Education, and Welfare [Secretary
of Health and Human Services] who shall publish it in the Federal Register
and provide opportunity to interested persons to submit to him comments
respecting the scientific and medical evaluations which he is to prepare
respecting such drug or substance. The Secretary of Health, Education,
and Welfare [Secretary of Health and Human Services] shall prepare for
transmission through the Secretary of State to the World Health Organization
such medical and scientific evaluations as may be appropriate regarding
the possible action that could be proposed by the World Health Organization
respecting the drug or substance with respect to which a notice was
transmitted under this subparagraph.

(B) Whenever the Secretary of State receives information that the Commission
on Narcotic Drugs of the United Nations proposes to decide whether to
add a drug or other substance to one of the schedules of the Convention,
transfer a drug or substance from one schedule to another, or delete
it from the schedules, the Secretary of State shall transmit timely
notice to the Secretary of Health, Education, and Welfare [Secretary
of Health and Human Services] of such information who shall publish
a summary of such information in the Federal Register and provide opportunity
to interested persons to submit to him comments respecting the recommendation
which he is to furnish, pursuant to this subparagraph, respecting such
proposal. The Secretary of Health, Education, and Welfare [Secretary
of Health and Human Services] shall evaluate the proposal and furnish
a recommendation to the Secretary of State which shall be binding on
the representative of the United States in discussions and negotiations
relating to the proposal.

When the United
States receives notification of a scheduling decision pursuant to article
2 of the Convention of Psychotropic Substances that a drug or other
substance has been added or transferred to a schedule specified in the
notification or receives notification (referred to in this subsection
as a "schedule notice") that existing legal controls applicable under
this title to a drug or substance and the controls required by the Federal
Food, Drug, and Cosmetic Act [21 USCS Sections 301 et seq.]
do not meet the requirements of the schedule of the Convention in which
such drug or substance has been placed, the Secretary of Health, Education,
and Welfare [Secretary of Health and Human Services], after consultation
with the Attorney General, shall first determine whether existing legal
controls under this title applicable to the drug or substance and the
controls required by the Federal Food, Drug, and Cosmetic Act [21
USCS Sections 301 et seq.], meet the requirements of the schedule
specified in the notification or schedule notice and shall take the
following action:

(A) If such requirements are met by such existing controls but the Secretary
of Health, Education, and Welfare [Secretary of Health and Human Services]
nonetheless believes that more stringent controls should be applied
to the drug or substance, the Secretary shall recommend to the Attorney
General that he initiate proceedings for scheduling the drug or substance,
pursuant to subsections (a) and (b) of this section, to apply to such
controls.

(B) If such requirements are not met by such existing controls and the
Secretary of Health, Education, and Welfare [Secretary of Health and
Human Services] concurs in the scheduling decision or schedule notice
transmitted by the notification, the Secretary shall recommend to the
Attorney General that he initiate proceedings for scheduling the drug
or substance under the appropriate schedule pursuant to subsections
(a) and (b) of this section.

(C) If such requirements are not met by such existing controls and the
Secretary of Health, Education, and Welfare [Secretary of Health and
Human Services] does not concur in the scheduling decision or schedule
notice transmitted by the notification, the Secretary shall--

(i) if he deems that additional controls are necessary to protect the
public health and safety, recommend to the Attorney General that he
initiate proceedings for scheduling the drug or substance pursuant to
subsections (a) and (b) of this section, to apply such additional controls;

(ii) request the Secretary of State to transmit a notice of qualified
acceptance, within the period specified in the Convention, pursuant
to paragraph 7 of article 2 of the Convention, to the Secretary-General
of the United Nations;

(iii) request the Secretary of State to transmit a notice of qualified
acceptance as prescribed in clause (ii) and request the Secretary of
State to ask for a review by the Economic and Social Council of the
United Nations, in accordance with paragraph 8 of article 2 of the Convention,
of the scheduling decision; or

(iv) in the case of a schedule notice, request the Secretary of State
to take appropriate action under the Convention to initiate proceedings
to remove the drug or substance from the schedules under the Convention
or to transfer the drug or substance to a schedule under the Convention
different from the one specified in the schedule notice.

(A) If the Attorney General determines, after consultation with the
Secretary of Health, Education, and Welfare [Secretary of Health and
Human Services], that proceedings initiated under recommendations made
under paragraph [subparagraph] (B) or (C)(i) of paragraph (3) will not
be completed within the time period required by paragraph 7 of article
2 of the Convention, the Attorney General, after consultation with the
Secretary and after providing interested persons opportunity to submit
comments respecting the requirements of the temporary order to be issued
under this sentence, shall issue a temporary order controlling the drug
or substance under schedule IV or V, whichever is most appropriate to
carry out the minimum United States obligations under paragraph 7 of
article 2 of the Convention. As a part of such order, the Attorney General
shall, after consultation with the Secretary, except such drug or substance
from the application of any provision of part C of this title [21
USCS 821 et seq.] which he finds is not required to carry out the
United States obligations under paragraph 7 of article 2 of the Convention.
In the case of proceedings initiated under subparagraph (B) of paragraph
(3), the Attorney General, concurrently with the issuance of such order,
shall request the Secretary of State to transmit a notice of qualified
acceptance to the Secretary-General of the United Nations pursuant to
paragraph 7 of article 2 of the Convention. A temporary order issued
under this subparagraph controlling a drug or other substance subject
to proceedings initiated under subsections (a) and (b) of this section
shall expire upon the effective date of the application to the drug
or substance of the controls resulting from such proceedings.

(B) After a notice of qualified acceptance of a scheduling decision
with respect to a drug or other substance is transmitted to the Secretary-General
of the United Nations in accordance with clause (ii) or (iii) of paragraph
(3)(C) or after a request has been made under clause (iv) of such paragraph
with respect to a drug or substance described in a schedule notice,
the Attorney General, after consultation with the Secretary of Health,
Education, and Welfare [Secretary of Health and Human Services] and
after providing interested persons opportunity to submit comments respecting
the requirements of the order to be issued under this sentence, shall
issue an order controlling the drug or substance under schedule IV or
V, whichever is most appropriate to carry out the minimum United States
obligations under paragraph 7 of article 2 of the Convention in the
case of a drug or substance for which a notice of qualified acceptance
was transmitted or whichever the Attorney General determines is appropriate
in the case of a drug or substance described in a schedule notice. As
a part of such order, the Attorney General shall, after consultation
with the Secretary, except such drug or substance from the application
of any provision of part C of this title [21 USCS 821 et seq.]
which he finds is not required to carry out the United States obligations
under paragraph 7 of article 2 of the Convention. If, as a result of
a review under paragraph 8 of article 2 of the Convention of the scheduling
decision with respect to which a notice of qualified acceptance was
transmitted in accordance with clause (ii) or (iii) of paragraph (3)(C)--

(i) the decision is reversed, and

(ii) the drug or substance subject to such decision is not required
to be controlled under schedule IV or V to carry out the minimum United
States obligations under paragraph 7 of article 2 of the Convention,

the order issued under this subparagraph with respect to such drug or
substance shall expire upon receipt by the United States of the review
decision. If, as a result of action taken pursuant to action initiated
under a request transmitted under clause (iv) of paragraph (3)(C), the
drug or substance with respect to which such action was taken is not
required to be controlled under schedule IV or V, the order issued under
this paragraph with respect to such drug or substance shall expire upon
receipt by the United States of a notice of the action taken with respect
to such drug or substance under the Convention.

(C) An order issued under subparagraph (A) or (B) may be issued without
regard to the findings required by subsection (a) of this section or
by section 202(b) [21 USCS Section 812(b)] and without regard
to the procedures prescribed by subsection (a) or (b) of this section.

Nothing in the
amendments made by the Psychotropic Substances Act of 1978, or the regulations
or orders promulgated thereunder shall be construed to preclude requests
by the Secretary of Health, Education, and Welfare [Secretary of Health
and Human Services] or the Attorney General through the Secretary of
State, pursuant to article 2 or other applicable provisions of the Convention,
for review of scheduling decisions under such Convention, based on new
or additional information.

(e) Immediate
precursors. The Attorney General may, without regard to the findings
required by subsection (a) of this section or section 202(b) [21
USCS Section 812(b)] and without regard to the procedures prescribed
by subsections (a) and (b) of this section, place an immediate precursor
in the same schedule in which the controlled substance of which it
is an immediate precursor is placed or in any other schedule with
a higher numerical designation. If the Attorney General designates
a substance as an immediate precursor and places it in a schedule,
other substances shall not be placed in a schedule solely because
they are its precursors.

(f) Abuse potential.
If, at the time a new-drug application is submitted to the Secretary
for any drug having a stimulant, depressant, or hallucinogenic effect
on the central nervous system, it appears that such drug has an abuse
potential, such information shall be forwarded by the Secretary to
the Attorney General.

(g) Non-narcotic
substances sold over the counter without a prescription; dextromethorphan.

The Attorney
General shall by regulation exclude any nonnarcotic substance from
a schedule if such substance may, under the Federal Food, Drug,
and Cosmetic Act [21 USCS Section 301 et seq.], be lawfully
sold over the counter without a prescription.

Dextromethorphan
shall not be deemed to be included in any schedule by reason of
enactment of this title unless controlled after the date of such
enactment [enacted Oct. 27, 1970] pursuant to the foregoing provisions
of this section.

The Attorney
General may, by regulation, exempt any compound, mixture, or preparation
containing a controlled substance from the application of all or
any part of this title if he finds such compound, mixture, or preparation
meets the requirements of one of the following categories:

(A) A mixture, or preparation containing a nonnarcotic controlled
substance, which mixture or preparation is approved for prescription
use, and which contains one or more other active ingredients which
are not listed in any schedule and which are included therein in
such combinations, quantity, proportion, or concentration as to
vitiate the potential for abuse.

(B) A compound, mixture, or preparation which contains any controlled
substance, which is not for administration to a human being or animal,
and which is packaged in such form or concentration, or with adulterants
or denaturants, so that as packaged it does not present any significant
potential for abuse.

(h) Temporary scheduling of substance in schedule I to avoid imminent
public safety hazard.

If the Attorney
General finds that the scheduling of a substance in schedule I [21
USCS Section 812] on a temporary basis is necessary to avoid
an imminent hazard to the public safety, he may, by order and without
regard to the requirements of subsection (b) relating to the Secretary
of Health and Human Services, schedule such substance in schedule
I [21 USCS Section 812] if the substance is not listed
in any other schedule in section 202 [21 USCS Section 812]
or if no exemption or approval is in effect for the substance under
section 505 of the Federal Food, Drug, and Cosmetic Act [21
USCS Section 355]. Such an order may not be issued before the
expiration of thirty days from--

(A) the date of the publication by the Attorney General of a notice
in the Federal Register of the intention to issue such order and
the grounds upon which such order is to be issued, and

(B) the date the Attorney General has transmitted the notice required
by paragraph (4).

The scheduling
of a substance under this subsection shall expire at the end of
one year from the date of the issuance of the order scheduling such
substance, except that the Attorney General may, during the pendency
of proceedings under subsection (a)(1) with respect to the substance,
extend the temporary scheduling for up to six months.

When issuing
an order under paragraph (1), the Attorney General shall be required
to consider, with respect to the finding of an imminent hazard to
the public safety, only those factors set forth in paragraphs (4),
(5), and (6) of subsection (c), including actual abuse, diversion
from legitimate channels, and clandestine importation, manufacture,
or distribution.

The Attorney
General shall transmit notice of an order proposed to be issued
under paragraph (1) to the Secretary of Health and Human Services.
In issuing an order under paragraph (1), the Attorney General shall
take into consideration any comments submitted by the Secretary
in response to a notice transmitted pursuant to this paragraph.

An order issued
under paragraph (1) with respect to a substance shall be vacated
upon the conclusion of a subsequent rulemaking proceeding initiated
under subsection (a) with respect to such substance.

(6) An order
issued under paragraph (1) is not subject to judicial review.

(a) Establishment.
There are established five schedules of controlled substances, to be known
as schedules I, II, III, IV, and V. Such schedules shall initially consist
of the substances listed in this section. The schedules established by
this section shall be updated and republished on a semiannual basis during
the two-year period beginning one year after the date of enactment of
this title [enacted Oct. 27, 1970] and shall be updated and republished
on an annual basis thereafter.

(b) Placement on
schedules; findings required. Except where control is required by United
States obligations under an international treaty, convention, or protocol,
in effect on the effective date of this part, and except in the case of
an immediate precursor, a drug or other substance may not be placed in
any schedule unless the findings required for such schedule are made with
respect to such drug or other substance. The findings required for each
of the schedules are as follows:

SCHEDULE I.

(A) The drug or other substance has a high potential for abuse.

(B) The drug or other substance has no currently accepted medical use
in treatment in the United States.

(C) There is a lack of accepted safety for use of the drug or other
substance under medical supervision.

SCHEDULE II.

(A) The drug or other substance has a high potential for abuse.

(B) The drug or other substance has a currently accepted medical use
in treatment in the United States or a currently accepted medical use
with severe restrictions.

(C) Abuse of the drug or other substances may lead to severe psychological
or physical dependence.

SCHEDULE III.

(A) The drug or other substance has a potential for abuse less than
the drugs or other substances in schedules I and II.

(B) The drug or other substance has a currently accepted medical use
in treatment in the United States.

(C) Abuse of the drug or other substance may lead to moderate or low
physical dependence or high psychological dependence.

SCHEDULE IV.

(A) The drug or other substance has a low potential for abuse relative
to the drugs or other substances in schedule III.

(B) The drug or other substance has a currently accepted medical use
in treatment in the United States.

(C) Abuse of the drug or other substance may lead to limited physical
dependence or psychological dependence relative to the drugs or other
substances in schedule III.

SCHEDULE V.

(A) The drug or other substance has a low potential for abuse relative
to the drugs or other substances in schedule IV.

(B) The drug or other substance has a currently accepted medical use
in treatment in the United States.

(C) Abuse of the drug or other substance may lead to limited physical
dependence or psychological dependence relative to the drugs or other
substances in schedule IV.

(c) Initial schedules
of controlled substances. **(Current Schedule, April 1, 1997)** Schedules
I, II, III, IV, and V shall, unless and until amended pursuant to section
201 [21 USCS Section 811], consist of the following drugs or
other substances, by whatever official name, common or usual name, chemical
name, or brand name designated:

SCHEDULE I

(a) Unless specifically excepted or unless listed in another schedule,
any of the following opiates, including their isomers, esters, ethers,
salts, and salts of isomers, esters, and ethers, whenever the existence
of such isomers, esters, ethers, and salts is possible within the specific
chemical designation:

Acetylmethadol.

Allylprodine.

Alphacetylmathadol.

Alphameprodine.

Alphamethadol.

Benzethidine.

Betacetylmethadol.

Betameprodine.

Betamethadol.

Betaprodine.

Clonitazene.

Dextromoramide.

Dextrorphan.

Diampromide.

Diethylthiambutene.

Dimenoxadol.

Dimepheptanol.

Dimethylthiambutene.

Dioxaphetyl
butyrate.

Dipipanone.

Ethylmethylthiambutene.

Etonitazene.

Etoxeridine.

Furethidine.

Hydroxypethidine.

Ketobemidone.

Levomoramide.

Levophenacylmorphan.

Morpheridine.

Noracymethadol.

Norlevorphanol.

Normethadone.

Norpipanone.

Phenadoxone.

Phenampromide.

Phenomorphan.

Phenoperidine.

Piritramide.

Proheptazine.

Properidine.

Racemoramide.

Trimeperidine.

(b) Unless specifically excepted or unless listed in another schedule,
any of the following opium derivatives, their salts, isomers, and salts
of isomers whenever the existence of such salts, isomers, and salts
of isomers is possible within the specific chemical designation:

Acetorphine.

Acetyldihydrocodeine.

Benzylmorphine.

Codeine methylbromide.

Codeine-N-Oxide.

Cyprenorphine.

Desomorphine.

Dihydromorphine.

Etorphine.

Heroin.

Hydromorphinol.

Methyldesorphine.

Methylhydromorphine.

Morphine methylbromide.

Morphine methylsulfonate.

Morphine-N-Oxide.

Myrophine.

Nicocodeine.

Nicomorphine.

Normorphine.

Pholcodine.

Thebacon.

(c) Unless specifically excepted or unless listed in another schedule,
any material, compound, mixture, or preparation, which contains any
quantity of the following hallucinogenic substances, or which contains
any of their salts, isomers, and salts of isomers whenever the existence
of such salts, isomers, and salts of isomers is possible within the
specific chemical designation:

3, 4-methylenedioxy
amphetamine.

5-methoxy-3,
4-methylenedioxy amphetamine

3, 4, 5-trimethoxy
amphetamine.

Bufotenine.

Diethyltryptamine.

Dimethyltryptamine.

4-methyl-2,
5-dimethoxyamphetamine.

Ibogaine.

Lysergic
acid diethylamide.

Marijuana.

Mescaline.

Peyote.

N-ethyl-3-piperidyl
benzilate.

N-methyl-3-piperidyl
benzilate.

Psilocybin.

Psilocyn.

Tetrahydrocannabinols.

SCHEDULE II.

(a) Unless specifically excepted or unless listed in another schedule,
any of the following substances whether produced directly or indirectly
by extraction from substances of vegetable origin, or independently
by means of chemical synthesis, or by a combination of extraction and
chemical synthesis:

Opium and
opiate, and any salt, compound, derivative, or preparation of opium
or opiate.

Any salt,
compound, derivative, or preparation thereof which is chemically
equivalent or identical with any of the substances referred to in
clause (1), except that these substances shall not include the isoquinoline
alkaloids of opium.

Opium poppy
and poppy straw.

coca leaves,
except coca leaves and extracts of coca leaves from which cocaine,
ecgonine, and derivatives of ecgonine or their salts have been removed;
cocaine, its salts, optical and geometric isomers, and salts of
isomers; ecgonine, its derivatives, their salts, isomers, and salts
of isomers; or any compound, mixture, or preparation which contains
any quantity of any of the substances referred to in this paragraph.

(b) Unless specifically excepted or unless listed in another schedule,
any of the following opiates, including their isomers, esters, ethers,
salts, and salts of isomers, esters and ethers, whenever the existence
of such isomers, esters, ethers, and salts is possible within the specific
chemical designation:

(c) Unless specifically excepted or unless listed in another schedule,
any injectable liquid which contains any quantity of methamphetamine,
including its salts, isomers, and salts of isomers.

SCHEDULE III.

(a) Unless specifically excepted or unless listed in another schedule,
any material, compound, mixture, or preparation which contains any quantity
of the following substances having a stimulant effect on the central
nervous system:

Amphetamine,
its salts, optical isomers, and salts of its optical isomers.

Phenmetrazine
and its salts.

Any substance
(except an injectable liquid) which contains any quantity of methamphetamine,
including its salts, isomers, and salts of isomers.

Methylphenidate.

(b) Unless specifically excepted or unless listed in another schedule,
any material, compound, mixture, or preparation which contains any quantity
of the following substances having a depressant effect on the central
nervous system:

Any substance
which contains any quantity of a derivative of barbituric acid,
or any salt of a derivative of barbituric acid.

Chorhexadol.

Glutethimide.

Lysergic acid.

Lysergic acid
amide.

Methyprylon.

Phencyclidine.

Sulfondiethylmethane.

Sulfonethylmethane.

Sulfonmethane.

(c) Nalorphine.

(d) Unless specifically excepted or unless listed in another schedule,
any material, compound, mixture, or preparation containing limited quantities
of any of the following narcotic drugs, or any salts thereof:

Not more than
1.8 grams of codeine per 100 milliliters or not more than 90 milligrams
per dosage unit, with an equal or greater quantity of an isoquinoline
alkaloid of opium.

Not more
than 1.8 grams of codeine per 100 milliliters or not more than 90
milligrams per dosage unit, with one or more active, nonnarcotic
ingredients in recognized therapeutic amounts.

Not more than
300 milligrams of dihydrocodeinone per 100 milliliters or not more
than 15 milligrams per dosage unit, with a fourfold or greater quantity
of an isoquinoline alkaloid of opium.

Not more than
300 milligrams of dihydrocodeinone per 100 milliliters or not more
than 15 milligrams per dosage unit, with one or more active, nonnarcotic
ingredients in recognized therapeutic amounts.

Not more than
1.8 grams of dihydrocodeine per 100 milliliters or not more than
90 milligrams per dosage unit, with one or more active, nonnarcotic
ingredients in recognized therapeutic amounts.

Not more than
300 milligrams of ethylmorphine per 100 milliliters or not more
than 15 milligrams per dosage unit, with one or more active, nonnarcotic
ingredients in recognized therapeutic amounts.

Not more than
500 milligrams of opium per 100 milliliters or per 100 grams, or
not more than 25 milligrams per dosage unit, with one or more active,
nonnarcotic ingredients in recognized therapeutic amounts.

Not more than
50 milligrams of morphine per 100 milliliters or per 100 grams with
one or more active, nonnarcotic ingredients in recognized therapeutic
amounts.

(e) Anabolic steroids.

4 SCHEDULE IV.

Barbital.

Chloral betaine.

Chloral hydrate.

Ethchlorvynol.

Ethinamate.

Methohexital.

Meprobamate.

Methylphenobarbital.

Paraldehyde.

Petrichloral.

Phenobarbital.

SCHEDULE V.

Any compound, mixture, or preparation containing any of the following
limited quantities of narcotic drugs, which shall include one or more
nonnarcotic active medicinal ingredients in sufficient proportion to
confer upon the compound, mixture, or preparation valuable medicinal
qualities other than those possessed by the narcotic drug alone:

Not more
than 200 milligrams of codeine per 100 milliliters or per 100 grams.

Not more
than 100 milligrams of dihydrocodeine per 100 milliliters or per
100 grams.

Not more
than 100 milligrams of ethylmorphine per 100 milliliters or per
100 grams.

Not more than
2.5 milligrams of diphenoxylate and not less than 25 micrograms
of atropine sulfate per dosage unit.

Not more
than 100 milligrams of opium per 100 milliliters or per 100 grams.

(a) Removal of exemption.
The Attorney General shall by regulation remove from exemption under section
102(39)(A)(iv) [21 USCS Section 802(39)(A)(iv)] a drug or group
of drugs that the Attorney General finds is being diverted to obtain a
listed chemical for use in the illicit production of a controlled substance.

(b) Factors to be
considered. In removing a drug or group of drugs from exemption under
subsection (a), the Attorney General shall consider, with respect to a
drug or group of drugs that is proposed to be removed from exemption--

the scope, duration,
and significance of the diversion;

whether the drug
or group of drugs is formulated in such a way that it cannot be easily
used in the illicit production of a controlled substance; and

whether the listed
chemical can be readily recovered from the drug or group of drugs.

(c) Specificity of designation
. The Attorney General shall limit the designation of a drug or a group
of drugs removed from exemption under subsection (a) to the most particularly
identifiable type of drug or group of drugs for which evidence of diversion
exists unless there is evidence, based on the pattern of diversion and other
relevant factors, that the diversion will not be limited to that particular
drug or group of drugs.

Reinstatement.
On application by a manufacturer of a particular drug product that has
been removed from exemption under subsection (a), the Attorney General
shall by regulation reinstate the exemption with respect to that particular
drug product if the Attorney General determines that the particular
drug product is manufactured and distributed in a manner that prevents
diversion.

Factors to be
considered. In deciding whether to reinstate the exemption with respect
to a particular drug product under paragraph (1), the Attorney General
shall consider--

the package
sizes and manner of packaging of the drug product;

the manner
of distribution and advertising of the drug product;

evidence of
diversion of the drug product;

any actions
taken by the manufacturer to prevent diversion of the drug product;
and

such other
factors as are relevant to and consistent with the public health
and safety, including the factors described in subsection (b) as
applied to the drug product.

Status pending
application for reinstatement. A transaction involving a particular
drug product that is the subject of a bona fide pending application
for reinstatement of exemption filed with the Attorney General not later
than 60 days after a regulation removing the exemption is issued pursuant
to subsection (a) shall not be considered to be a regulated transaction
if the transaction occurs during the pendency of the application and,
if the Attorney General denies the application, during the period of
60 days following the date on which the Attorney General denies the
application, unless--

the Attorney
General has evidence that, applying the factors described in subsection
(b) to the drug product, the drug product is being diverted; and

the Attorney
General so notifies the applicant.

Amendment and
modification. A regulation reinstating an exemption under paragraph
(1) may be modified or revoked with respect to a particular drug product
upon a finding that--

applying the
factors described in subsection (b) to the drug product, the drug
product is being diverted; or

there is a
significant change in the data that led to the issuance of the regulation.

REGISTRATION
OF MANUFACTURES, DISTRIBUTORS , AND DISPENSERS OF CONTROLLED

SUBSTANCES;
PIPERDINE REPORTING

21
USCS Section 821 (1996)

Section 821. Rules
and regulations

The Attorney General
is authorized to promulgate rules and regulations and to charge reasonable
fees relating to the registration and control of the manufacture, distribution,
and dispensing of controlled substances and to the registration and control
of regulated persons and of regulated transactions.

REGISTRATION
OF MANUFACTURES, DISTRIBUTORS , AND DISPENSERS OF CONTROLLED

SUBSTANCES;
PIPERDINE REPORTING

21
USCS Section 822 (1996)

Section 822. Persons
required to register

Annual registration.

Every person
who manufactures or distributes any controlled substance or list
I chemical, or who proposes to engage in the manufacture or distribution
of any controlled substance or list I chemical, shall obtain annually
a registration issued by the Attorney General in accordance with
the rules and regulations promulgated by him.

Every person
who dispenses, or who proposes to dispense, any controlled substance,
shall obtain from the Attorney General a registration issued in
accordance with the rules and regulations promulgated by him. The
Attorney General shall, by regulation, determine the period of such
registrations. In no event, however, shall such registrations be
issued for less than one year nor for more than three years.

Authorized activities.
Persons registered by the Attorney General under this title to manufacture,
distribute, or dispense controlled substances or list I chemicals are
authorized to possess, manufacture, distribute, or dispense such substances
or chemicals (including any such activity in the conduct of research)
to the extent authorized by their registration and in conformity with
the other provisions of this title.

Exceptions. The
following persons shall not be required to register and may lawfully
possess any controlled substance or list I chemical under this title:

An agent or
employee of any registered manufacturer, distributor, or dispenser
of any controlled substance or list I chemical if such agent or
employee is acting in the usual course of his business or employment.

A common or
contract carrier or warehouseman, or an employee thereof, whose
possession of the controlled substance or list I chemical is in
the usual course of his business or employment.

An ultimate
user who possesses such substance for a purpose specified in section
102(25) [21 USCS Section 802(25)].

Waiver. The Attorney
General may, by regulation, waive the requirement for registration of
certain manufacturers, distributors, or dispensers if he finds it consistent
with the public health and safety.

Separate registration.
A separate registration shall be required at each principal place of
business or professional practice where the applicant manufactures,
distributes, or dispenses controlled substances or list I chemicals.

Inspection. The
Attorney General is authorized to inspect the establishment of a registrant
or applicant for registration in accordance with the rules and regulations
promulgated by him.

REGISTRATION
OF MANUFACTURES, DISTRIBUTORS , AND DISPENSERS OF CONTROLLED

SUBSTANCES;
PIPERDINE REPORTING

21
USCS Section 823 (1996)

Section 823. Registration
requirements

Manufacturers
of controlled substances in schedule I or II. The Attorney General shall
register an applicant to manufacture controlled substances in schedule
I or II if he determines that such registration is consistent with the
public interest and with United States obligations under international
treaties, conventions, or protocols in effect on the effective date
of this part. In determining the public interest, the following factors
shall be considered:

maintenance
of effective controls against diversion of particular controlled
substances and any controlled substance in schedule I or II compounded
therefrom into other than legitimate medical, scientific, research,
or industrial channels, by limiting the importation and bulk manufacture
of such controlled substances to a number of establishments which
can produce an adequate and uninterrupted supply of these substances
under adequately competitive conditions for legitimate medical,
scientific, research, and industrial purposes;

compliance
with applicable State and local law;

promotion
of technical advances in the art of manufacturing these substances
and the development of new substances;

prior conviction
record of applicant under Federal and State laws relating to the
manufacture, distribution, or dispensing of such substances;

past experience
in the manufacture of controlled substances, and the existence in
the establishment of effective control against diversion; and

such other
factors as may be relevant to and consistent with the public health
and safety.

Distributors of
controlled substances in schedule I or II. The Attorney General shall
register an applicant to distribute a controlled substance in schedule
I or II unless he determines that the issuance of such registration
is inconsistent with the public interest. In determining the public
interest, the following factors shall be considered:

maintenance
of effective control against diversion of particular controlled
substances into other than legitimate medical, scientific, and industrial
channels;

compliance
with applicable State and local law;

prior conviction
record of applicant under Federal or State laws relating to the
manufacture, distribution, or dispensing of such substances;

past experience
in the distribution of controlled substances; and

such other
factors as may be relevant to and consistent with the public health
and safety.

Limits of authorized
activities. Registration granted under subsections (a) and (b) of this
section shall not entitle a registrant to (1) manufacture or distribute
controlled substances in schedule I or II other than those specified
in the registration, or (2) manufacture any quantity of those controlled
substances in excess of the quota assigned pursuant to section 306 [21
USCS Section 826].

Manufacturers
of controlled substances in schedule III, IV, or V. The Attorney General
shall register an applicant to manufacture controlled substances in
schedule III, IV, or V, unless he determines that the issuance of such
registration is inconsistent with the public interest. In determining
the public interest, the following factors shall be considered:

maintenance
of effective controls against diversion of particular controlled
substances and any controlled substance in schedule III, IV, or
V compounded therefrom into other than legitimate medical, scientific,
or industrial channels;

compliance
with applicable State and local law;

promotion
of technical advances in the art of manufacturing these substances
and the development of new substances;

prior conviction
record of applicant under Federal or State laws relating to the
manufacture, distribution, or dispensing of such substances;

past experience
in the manufacture, distribution, and dispensing of controlled substances,
and the existence in the establishment of effective controls against
diversion; and

such other
factors as may be relevant to and consistent with the public health
and safety.

Distributors of
controlled substances in schedule III, IV, or V. The Attorney General
shall register an applicant to distribute controlled substances in schedule
III, IV, or V, unless he determines that the issuance of such registration
is inconsistent with the public interest. In determining the public
interest, the following factors shall be considered:

maintenance
of effective controls against diversion of particular controlled
substances into other than legitimate medical, scientific, and industrial
channels;

compliance
with applicable State and local law;

prior conviction
record of applicant under Federal or State laws relating to the
manufacture, distribution, or dispensing of such substances;

past experience
in the distribution of controlled substances; and

such other
factors as may be relevant to and consistent with the public health
and safety.

Research; pharmacies;
research applications; construction of Article 7 of the Convention on
Psychotropic Substances. The Attorney General shall register practitioners
(including pharmacies, as distinguished from pharmacists) to dispense,
or conduct research with, controlled substances in schedule II, III,
IV, or V, if the applicant is authorized to dispense, or conduct research
with respect to, controlled substances under the laws of the State in
which he practices. The Attorney General may deny an application for
such registration if he determines that the issuance of such registration
would be inconsistent with the public interest. In determining the public
interest, the following factors shall be considered:

The recommendation
of the appropriate State licensing board or professional disciplinary
authority.

The applicant's
experience in dispensing, or conducting research with respect to
controlled substances.

The applicant's
conviction record under Federal or State laws relating to the manufacture,
distribution, or dispensing of controlled substances.

Compliance
with applicable State, Federal, or local laws relating to controlled
substances.

Such other
conduct which may threaten the public health and safety.

Separate registration under this part [21 USCS Section 821 et seq.] for practitioners engaging in research with controlled substances
in schedule II, III, IV, or V, who are already registered under this
part [21 USCS Section 821 et seq.] in another capacity, shall
not be required. Registration applications by practitioners wishing
to conduct research with controlled substances in schedule I shall be
referred to the Secretary, who shall determine the qualifications and
competency of each practitioner requesting registration, as well as
the merits of the research protocol. The Secretary, in determining the
merits of each research protocol, shall consult with the Attorney General
as to effective procedures to adequately safeguard against diversion
of such controlled substances from legitimate medical or scientific
use. Registration for the purpose of bona fide research with controlled
substances in schedule I by a practitioner deemed qualified by the Secretary
may be denied by the Attorney General only on a ground specified in
section 304(a) [21 USCS Section 824(a)]. Article 7 of the Convention
on Psychotropic Substances shall not be construed to prohibit, or impose
additional restrictions upon, research involving drugs or other substances
scheduled under the convention which is conducted in conformity with
this subsection and other applicable provisions of this title.

if the applicant
is a practitioner who is determined by the Secretary to be qualified
(under standards established by the Secretary) to engage in the
treatment with respect to which registration is sought;

if the Attorney
General determines that the applicant will comply with standards
established by the Attorney General respecting (A) security of stocks
of narcotic drugs for such treatment, and (B) the maintenance of
records (in accordance with section 307 [21 USCS Section 827])
on such drugs; and

if the Secretary
determines that the applicant will comply with standards established
by the Secretary (after consultation with the Attorney General)
respecting the quantities of narcotic drugs which may be provided
for unsupervised use by individuals in such treatment.

Registration requirements
for list I chemical distribution; public interest determination. The
Attorney General shall register an applicant to distribute a list I
chemical unless the Attorney General determines that registration of
the applicant is inconsistent with the public interest. Registration
under this subsection shall not be required for the distribution of
a drug product that is exempted under section 102(39)(A)(iv) [21
USCS Section 802(39)(A)(iv)]. In determining the public interest
for the purposes of this subsection, the Attorney General shall consider--

maintenance
by the applicant of effective controls against diversion of listed
chemicals into other than legitimate channels;

compliance
by the applicant with applicable Federal, State, and local law;

any prior
conviction record of the applicant under Federal or State laws relating
to controlled substances or to chemicals controlled under Federal
or State law;

any past experience
of the applicant in the manufacture and distribution of chemicals;
and

such other
factors as are relevant to and consistent with the public health
and safety.

REGISTRATION
OF MANUFACTURES, DISTRIBUTORS , AND DISPENSERS OF CONTROLLED

SUBSTANCES;
PIPERDINE REPORTING

21
USCS Section 824 (1996)

Section 824. Denial,
revocation, or suspension of registration

Grounds. A registration
pursuant to section 303 [21 USCS Section 823] to manufacture,
distribute, or dispense a controlled substance or a list I chemical
may be suspended or revoked by the Attorney General upon a finding that
the registrant--

has materially
falsified any application filed pursuant to or required by this
title or title III;

has been convicted
of a felony under this title or title III or any other law of the
United States, or of any State, relating to any substance defined
in this title as a controlled substance or a list I chemical;

has had his
State license or registration suspended, revoked, or denied by competent
State authority and is no longer authorized by State law to engage
in the manufacturing, distribution, or dispensing of controlled
substances or list I chemicals or has had the suspension, revocation,
or denial of his registration recommended by competent State authority;

has committed
such acts as would render his registration under section 303 [21
USCS Section 823] inconsistent with the public interest as
determined under such section; or

has been
excluded (or directed to be excluded) from participation in a program
pursuant to section 1128(a) of the Social Security Act [42 USCS
Section 1320a-7(a)]

A registration pursuant to section 303(g) [21 USCS Section 823(g)]
to dispense a narcotic drug for maintenance treatment or detoxification
treatment may be suspended or revoked by the Attorney General upon a
finding that the registrant has failed to comply with any standard referred
to in section 303(g) [21 USCS Section 823(g)].

Limits of revocation
or suspension. The Attorney General may limit revocation or suspension
of a registration to the particular controlled substance or list I chemical
with respect to which grounds for revocation or suspension exist.

Service of show
cause order; proceedings. Before taking action pursuant to this section,
or pursuant to a denial of registration under section 303 [21 USCS
Section 823], the Attorney General shall serve upon the applicant
or registrant an order to show cause why registration should not be
denied, revoked, or suspended. The order to show cause shall contain
a statement of the basis thereof and shall call upon the applicant or
registrant to appear before the Attorney General at a time and place
stated in the order, but in no event less than thirty days after the
date of receipt of the order. Proceedings to deny, revoke, or suspend
shall be conducted pursuant to this section in accordance with subchapter
II of chapter 5 of title 5 of the United States Code [5 USCS Section
551 et seq.]. Such proceedings shall be independent of, and not
in lieu of, criminal prosecutions or other proceedings under this title
or any other law of the United States.

Suspension of
registration in cases of imminent danger. The Attorney General may,
in his discretion, suspend any registration simultaneously with the
institution of proceedings under this section, in cases where he finds
that there is an imminent danger to the public health or safety. A failure
to comply with a standard referred to in section 303(g) [21 USCS
Section 823(g)] may be treated under this subsection as grounds
for immediate suspension of a registration granted under such section.
A suspension under this subsection shall continue in effect until the
conclusion of such proceedings, including judicial review thereof, unless
sooner withdrawn by the Attorney General or dissolved by a court of
competent jurisdiction.

Suspension and
revocation of quotas. The suspension or revocation of a registration
under this section shall operate to suspend or revoke any quota applicable
under section 306 [21 USCS Section 826].

Disposition of
controlled substances or list I chemicals. In the event the Attorney
General suspends or revokes a registration granted under section 303
[21 USCS Section 823], all controlled substances or list I
chemicals owned or possessed by the registrant pursuant to such registration
at the time of suspension or the effective date of the revocation order,
as the case may be, may, in the discretion of the Attorney General,
be placed under seal. No disposition may be made of any controlled substances
or list I chemicals under seal until the time for taking an appeal has
elapsed or until all appeals have been concluded except that a court,
upon application therefor, may at any time order the sale of perishable
controlled substances or list I chemicals. Any such order shall require
the deposit of the proceeds of the sale with the court. Upon a revocation
order becoming final, all such controlled substances or list I chemicals
(or proceeds of sale deposited in court) shall be forfeited to the United
States; and the Attorney General shall dispose of such controlled substances
or list I chemicals in accordance with section 511(e) [21 USCS Section
881(e)]. All right, title, and interest in such controlled substances
or list I chemicals shall vest in the United States upon a revocation
order becoming final.

Seizure or placing
under seal of controlled substances or list I chemicals upon expiration
of registration or cessation of practice or business. The Attorney General
may, in his discretion, seize or place under seal any controlled substances
or list I chemicals owned or possessed by a registrant whose registration
has expired or who has ceased to practice or do business in the manner
contemplated by his registration. Such controlled substances or list
I chemicals shall be held for the benefit of the registrant, or his
successor in interest. The Attorney General shall notify a registrant,
or his successor in interest, who has any controlled substance or list
I chemical seized or placed under seal of the procedures to be followed
to secure the return of the controlled substance or list I chemical
and the conditions under which it will be returned. The Attorney General
may not dispose of any controlled substance or list I chemical seized
or placed under seal under this subsection until the expiration of one
hundred and eighty days from the date such substance or chemical was
seized or placed under seal.

REGISTRATION
OF MANUFACTURES, DISTRIBUTORS , AND DISPENSERS OF CONTROLLED

SUBSTANCES;
PIPERDINE REPORTING

21
USCS Section 825 (1996)

Section 825. Labeling
and packaging

Symbol. It shall
be unlawful to distribute a controlled substance in a commercial container
unless such container, when and as required by regulations of the Attorney
General, bears a label (as defined in section 201(k) of the Federal
Food, Drug, and Cosmetic Act [21 USCS Section 321(k)]) containing
an identifying symbol for such substance in accordance with such regulations.
A different symbol shall be required for each schedule of controlled
substances.

Unlawful distribution
without identifying symbol. It shall be unlawful for the manufacturer
of any controlled substance to distribute such substance unless the
labeling (as defined in section 201(m) of the Federal Food, Drug, and
Cosmetic Act [21 USCS Section 321(m)]) of such substance contains,
when and as required by regulations of the Attorney General, the identifying
symbol required under subsection (a).

Warning on label.
The Secretary shall prescribe regulations under section 503(b) of the
Federal Food, Drug, and Cosmetic Act [21 USCS Section 353(b)]
which shall provide that the label of a drug listed in schedule II,
III, or IV shall, when dispensed to or for a patient, contain a clear,
concise warning that it is a crime to transfer the drug to any person
other than the patient.

Containers to
be securely sealed. It shall be unlawful to distribute controlled substances
in schedule I or II, and narcotic drugs in schedule III or IV, unless
the bottle or other container, stopper, covering, or wrapper thereof
is securely sealed as required by regulations of the Attorney General.

REGISTRATION
OF MANUFACTURES, DISTRIBUTORS , AND DISPENSERS OF CONTROLLED

SUBSTANCES;
PIPERDINE REPORTING

21
USCS Section 826 (1996)

Section 826. Production
quotas for controlled substances

Establishment
of total annual needs. The Attorney General shall determine the total
quantity and establish production quotas for each basic class of controlled
substance in schedules I and II to be manufactured each calendar year
to provide for the estimated medical, scientific, research, and industrial
needs of the United States, for lawful export requirements, and for
the establishment and maintenance of reserve stocks. Production quotas
shall be established in terms of quantities of each basic class of controlled
substance and not in terms of individual pharmaceutical dosage forms
prepared from or containing such a controlled substance.

Individual production
quotas; revised quotas. The Attorney General shall limit or reduce individual
production quotas to the extent necessary to prevent the aggregate of
individual quotas from exceeding the amount determined necessary each
year by the Attorney General under subsection (a). The quota of each
registered manufacturer for each basic class of controlled substance
in schedule I or II shall be revised in the same proportion as the limitation
or reduction of the aggregate of the quotas. However, if any registrant,
before the issuance of a limitation or reduction in quota, has manufactured
in excess of his revised quota, the amount of the excess shall be subtracted
from his quota for the following year.

Manufacturing
quotas for registered manufacturers. On or before October 1 of each
year, upon application therefor by a registered manufacturer, the Attorney
General shall fix a manufacturing quota for the basic classes of controlled
substances in schedules I and II that the manufacturer seeks to produce.
The quota shall be subject to the provisions of subsections (a) and
(b) of this section. In fixing such quotas, the Attorney General shall
determine the manufacturer's estimated disposal, inventory, and other
requirements for the calendar year; and, in making his determination,
the Attorney General shall consider the manufacturer's current rate
of disposal, the trend of the national disposal rate during the preceding
calendar year, the manufacturer's production cycle and inventory position,
the economic availability of raw materials, yield and stability problems,
emergencies such as strikes and fires, and other factors.

Quotas for registrants
who have not manufactured controlled substance during one or more preceding
years. The Attorney General shall, upon application and subject to the
provisions of subsections (a) and (b) of this section, fix a quota for
a basic class of controlled substance in schedule I or II for any registrant
who has not manufactured that basic class of controlled substance during
one or more preceding calendar years. In fixing such quota, the Attorney
General shall take into account the registrant's reasonably anticipated
requirements for the current year; and, in making his determination
of such requirements, he shall consider such factors specified in subsection
(c) of this section as may be relevant.

Quota increases.
At any time during the year any registrant who has applied for or received
a manufacturing quota for a basic class of controlled substance in schedule
I or II may apply for an increase in that quota to meet his estimated
disposal, inventory, and other requirements during the remainder of
that year. In passing upon the application the Attorney General shall
take into consideration any occurrences since the filing of the registrant's
initial quota application that may require an increased manufacturing
rate by the registrant during the balance of the year. In passing upon
the application the Attorney General may also take into account the
amount, if any, by which the determination of the Attorney General under
subsection (a) of this section exceeds the aggregate of the quotas of
all registrants under this section.

Incidental production
exception. Notwithstanding any other provisions of this title, no registration
or quota may be required for the manufacture of such quantities of controlled
substances in schedules I and II as incidentally and necessarily result
from the manufacturing process used for the manufacture of a controlled
substance with respect to which its manufacturer is duly registered
under this title. The Attorney General may, by regulation, prescribe
restrictions on the retention and disposal of such incidentally produced
substances.

REGISTRATION
OF MANUFACTURES, DISTRIBUTORS , AND DISPENSERS OF CONTROLLED

SUBSTANCES;
PIPERDINE REPORTING

21
USCS Section 827 (1996)

Section 827. Records
and reports of registrants

Inventory. Except
as provided in subsection (c)--

every registrant
under this title shall, on the effective date of this section, or
as soon thereafter as such registrant first engages in the manufacture,
distribution, or dispensing of controlled substances, and every
second year thereafter, make a complete and accurate record of all
stocks thereof on hand, except that the regulations prescribed under
this section shall permit each such biennial inventory (following
the initial inventory required by this paragraph) to be prepared
on such registrant's regular general physical inventory date (if
any) which is nearest to and does not vary by more than six months
from the biennial date that would otherwise apply;

on the effective
date of each regulation of the Attorney General controlling a substance
that immediately prior to such date was not a controlled substance,
each registrant under this title manufacturing, distributing, or
dispensing such substance shall make a complete and accurate record
of all stocks thereof on hand; and

on and after
the effective date of this section, every registrant under this
title manufacturing, distributing, or dispensing a controlled substance
or substances shall maintain, on a current basis, a complete and
accurate record of each such substance manufactured, received, sold,
delivered, or otherwise disposed of by him, except that this paragraph
shall not require the maintenance of a perpetual inventory.

Availability of
records. Every inventory or other record required under this section
(1) shall be in accordance with, and contain such relevant information
as may be required by, regulations of the Attorney General, (2) shall
(A) be maintained separately from all other records of the registrant,
or (B) alternatively, in the case of nonnarcotic controlled substances,
be in such form that information required by the Attorney General is
readily retrievable from the ordinary business records of the registrant,
and (3) shall be kept and be available, for at least two years, for
inspection and copying by officers or employees of the United States
authorized by the Attorney General.

Nonapplicability.
The foregoing provisions of this section shall not apply--

to the
prescribing of controlled substances in schedule II, III, IV,
or V by practitioners acting in the lawful course of their professional
practice unless such substance is prescribed in the course of
maintenance or detoxification treatment of an individual; or

to the
administering of a controlled substance in schedule II, III,
IV, or V unless the practitioner regularly engages in the dispensing
or administering of controlled substances and charges his patients,
either separately or together with charges for other professional
services, for substances so dispensed or administered or unless
such substance is administered in the course of maintenance
treatment or detoxification treatment of an individual;

to the
use of controlled substances, at establishments registered under
this title which keep records with respect to such substances,
in research conducted in conformity with an exemption granted
under section 505(i) or 512(j) of the Federal Food, Drug, and
Cosmetic Act [21 USCS 355(i), 360b(j)];

to the
use of controlled substances, at establishments registered under
this title which keep records with respect to such substances,
in preclinical research or in teaching; or

to the extent
of any exemption granted to any person, with respect to all or part
of such provisions, by the Attorney General by or pursuant to regulation
on the basis of a finding that the application of such provisions
(or part thereof) to such person is not necessary for carrying out
the purposes of this title.

Nothing in the Convention on Psychotropic Substances shall be construed
as superseding or otherwise affecting the provisions of paragraph
(1)(B), (2), or (3) of this subsection.

Periodic reports
to Attorney General. Every manufacturer registered under section
303 [21 USCS Section 823] shall, at such time or times
and in such form as the Attorney General may require, make periodic
reports to the Attorney General of every sale, delivery, or other
disposal by him of any controlled substance, and each distributor
shall make such reports with respect to narcotic controlled substances,
identifying by the registration number assigned under this title
the person or establishment (unless exempt from registration under
section 302(d) [21 USCS Section 822(d)]) to whom such sale,
delivery, or other disposal was made.

Reporting
and recordkeeping requirements of drug conventions. In addition
to the reporting and recordkeeping requirements under any other
provision of this title, each manufacturer registered under section
303 [21 USCS Section 823] shall, with respect to narcotic
and nonnarcotic controlled substances manufactured by it, make such
reports to the Attorney General, and maintain such records, as the
Attorney General may require to enable the United States to meet
its obligations under articles 19 and 20 of the Single Convention
on Narcotic Drugs and article 16 of the Convention on Psychotropic
Substances. The Attorney General shall administer the requirements
of this subsection in such a manner as to avoid the unnecessary
imposition of duplicative requirements under this title on manufacturers
subject to the requirements of this subsection.

Investigational
uses of drugs; procedures. Regulations under sections 505(i) and
512(j) of the Federal Food, Drug, and Cosmetic Act [21 USCS
355(i), 360b(j)], relating to investigational use of drugs,
shall include such procedures as the Secretary, after consultation
with the Attorney General, determines are necessary to insure the
security and accountability of controlled substances used in research
to which such regulations apply.

Change of
address. Every registrant under this title shall be required to
report any change of professional or business address in such manner
as the Attorney General shall by regulation require.

REGISTRATION
OF MANUFACTURES, DISTRIBUTORS , AND DISPENSERS OF CONTROLLED

SUBSTANCES;
PIPERDINE REPORTING

21
USCS Section 828 (1996)

Section 828. Order
forms

Unlawful distribution
of controlled substances. It shall be unlawful for any person to distribute
a controlled substance in schedule I or II to another except in pursuance
of a written order of the person to whom such substance is distributed,
made on a form to be issued by the Attorney General in blank in accordance
with subsection (d) and regulations prescribed by him pursuant to this
section.

the exportation
of such substances from the United States in conformity with title
III;

the delivery
of such a substance to or by a common or contract carrier for carriage
in the lawful and usual course of its business, or to or by a warehouseman
for storage in the lawful and usual course of its business; but
where such carriage or storage is in connection with the distribution
by the owner of the substance to a third person, this paragraph
shall not relieve the distributor from compliance with subsection
(a).

Preservation and
availability.

Every person
who in pursuance of an order required under subsection (a) distributes
a controlled substance shall preserve such order for a period of
two years, and shall make such order available for inspection and
copying by officers and employees of the United States duly authorized
for that purpose by the Attorney General, and by officers or employees
of States or their political subdivisions who are charged with the
enforcement of State or local laws regulating the production, or
regulating the distribution or dispensing, of controlled substances
and who are authorized under such laws to inspect such orders.

Every person
who gives an order required under subsection (a) shall, at or before
the time of giving such order, make or cause to be made a duplicate
thereof on a form to be issued by the Attorney General in blank
in accordance with subsection (d) and regulations prescribed by
him pursuant to this section, and shall, if such order is accepted,
preserve such duplicate for a period of two years and make it available
for inspection and copying by the officers and employees mentioned
in paragraph (1) of this subsection.

Issuance.

The Attorney
General shall issue forms pursuant to subsections (a) and (c)(2)
only to persons validly registered under section 303 [21 USCS
Section 823] (or exempted from registration under section 302(d)
[21 USCS Section 822(d)]). Whenever any such form is issued
to a person, the Attorney General shall, before delivery thereof,
insert therein the name of such person, and it shall be unlawful
for any other person (A) to use such form for the purpose of obtaining
controlled substances or (B) to furnish such form to any person
with intent thereby to procure the distribution of such substances.

The Attorney
General may charge reasonable fees for the issuance of such forms
in such amounts as he may prescribe for the purpose of covering
the cost to the United States of issuing such forms, and other necessary
activities in connection therewith.

Unlawful acts.
It shall be unlawful for any person to obtain by means of order forms
issued under this section controlled substances for any purpose other
than their use, distribution, dispensing, or administration in the conduct
of a lawful business in such substances or in the course of his professional
practice or research.

REGISTRATION
OF MANUFACTURES, DISTRIBUTORS , AND DISPENSERS OF CONTROLLED

SUBSTANCES;
PIPERDINE REPORTING

21
USCS Section 829 (1996)Section 829. Prescriptions

Schedule II substances.
Except when dispensed directly by a practitioner, other than a pharmacist,
to an ultimate user, no controlled substance in schedule II, which is
a prescription drug as determined under the Federal Food, Drug, and
Cosmetic Act [21 USCS 301 et seq.], may be dispensed without
the written prescription of a practitioner, except that in emergency
situations, as prescribed by the Secretary by regulation after consultation
with the Attorney General, such drug may be dispensed upon oral prescription
in accordance with section 503(b) of that Act [21 USCS Section 353(b)].
Prescriptions shall be retained in conformity with the requirements
of section 307 of this title [21 USCS Section 827]. No prescription
for a controlled substance in schedule II may be refilled.

Schedule III
and IV substances. Except when dispensed directly by a practitioner,
other than a pharmacist, to an ultimate user, no controlled substance
in schedule III or IV, which is a prescription drug as determined under
the Federal Food, Drug, and Cosmetic Act [21 USCS Section 301 et seq.], may be dispensed without a written or oral prescription in
conformity with section 503(b) of that Act [21 USCS Section 353(b)].
Such prescriptions may not be filled or refilled more than six months
after the date thereof or be refilled more than five times after the
date of the prescription unless renewed by the practitioner.

Schedule V substances.
No controlled substance in schedule V which is a drug may be distributed
or dispensed other than for a medical purpose.

Non-prescription
drugs with abuse potential. Whenever it appears to the Attorney General
that a drug not considered to be a prescription drug under the Federal
Food, Drug, and Cosmetic Act [21 USCS Section 301 et seq.]
should be so considered because of its abuse potential, he shall so
advise the Secretary and furnish to him all available data relevant
thereto.

REGISTRATION
OF MANUFACTURES, DISTRIBUTORS , AND DISPENSERS OF CONTROLLED

SUBSTANCES;
PIPERDINE REPORTING

21
USCS Section 830 (1996)

Section 830. Regulation
of listed chemicals and certain machines

Each regulated
person who engages in a regulated transaction involving a listed
chemical, a tableting machine, or an encapsulating machine shall
keep a record of the transaction--

for 4
years after the date of the transaction, if the listed chemical
is a list I chemical or if the transaction involves a tableting
machine or an encapsulating machine; and

for 2
years after the date of the transaction, if the listed chemical
is a list II chemical.

A record under
this subsection shall be retrievable and shall include the date
of the regulated transaction, the identity of each party to the
regulated transaction, a statement of the quantity and form of the
listed chemical, a description of the tableting machine or encapsulating
machine, and a description of the method of transfer. Such record
shall be available for inspection and copying by the Attorney General.

It is the
duty of each regulated person who engages in a regulated transaction
to identify each other party to the transaction. It is the duty
of such other party to present proof of identity to the regulated
person. The Attorney General shall specify by regulation the types
of documents and other evidence that constitute proof of identity
for purposes of this paragraph.

Each regulated
person shall report to the Attorney General, in such form and manner
as the Attorney General shall prescribe by regulation--

any regulated
transaction involving an extraordinary quantity of a listed
chemical, an uncommon method of payment or delivery, or any
other circumstance that the regulated person believes may indicate
that the listed chemical will be used in violation of this title;

any proposed
regulated transaction with a person whose description or other
identifying characteristic the Attorney General furnishes in
advance to the regulated person;

any unusual
or excessive loss or disappearance of a listed chemical under
the control of the regulated person; and

any regulated
transaction in a tableting machine or an encapsulating machine.

Each report under subparagraph (A) shall be made at the earliest
practicable opportunity after the regulated person becomes aware
of the circumstance involved. A regulated person may not complete
a transaction with a person whose description or identifying characteristic
is furnished to the regulated person under subparagraph (B) unless
the transaction is approved by the Attorney General. The Attorney
General shall make available to regulated persons guidance documents
describing transactions and circumstances for which reports are
required under subparagraph (A) and subparagraph (C).

A regulated
person that manufactures a listed chemical shall report annually
to the Attorney General, in such form and manner and containing
such specific data as the Attorney General shall prescribe by regulation,
information concerning listed chemicals manufactured by the person.
The requirement of the preceding sentence shall not apply to the
manufacture of a drug product that is exempted under section 102(39)(A)(iv)
[21 USCS Section 802(39)(A)(iv)].

Except as
provided in paragraph (2), any information obtained by the Attorney
General under this section which is exempt from disclosure under
section 552(a) of title 5, United States Code, by reason of section
552(b)(4) of such title, is confidential and may not be disclosed
to any person.

Information
referred to in paragraph (1) may be disclosed only--

to an
officer or employee of the United States engaged in carrying
out this title, title III, or the customs laws;

when relevant
in any investigation or proceeding for the enforcement of this
title, title III, or the custom laws;

when necessary
to comply with an obligation of the United States under a treaty
or other international agreement; or

to a State
or local official or employee in conjunction with the enforcement
of controlled substances laws or chemical control laws.

The Attorney
General shall--

take such
action as may be necessary to prevent unauthorized disclosure
of information by any person to whom such information is disclosed
under paragraph (2); and

issue
guidelines that limit, to the maximum extent feasible, the disclosure
of proprietary business information, including the names or
identities of United States exporters of listed chemicals, to
any person to whom such information is disclosed under paragraph
(2).

Any person
who is aggrieved by a disclosure of information in violation
of this section may bring a civil action against the violator
for appropriate relief.

Notwithstanding
paragraph (4), a civil action may not be brought under such
paragraph against investigative or law enforcement personnel
of the Drug Enforcement Administration.

In the
case of a violation of subsection (a) of this section involving--

1
kilogram or more of a mixture or substance containing a
detectable amount of heroin;

5
kilograms or more of a mixture or substance containing a
detectable amount of--

coca
leaves, except coca leaves and extracts of coca leaves
from which cocaine, ecgonine, and derivatives of ecgonine
or their salts have been removed;

cocaine,
its salts, optical and geometric isomers, and salts
of isomers;

ecgonine,
its derivatives, their salts, isomers, and salts of
isomers; or

any
compound, mixture, or preparation which contains any
quantity of any of the substances referred to in subclauses
(I) through (III);

50
grams or more of a mixture or substance described in clause
(ii) which contains cocaine base;

100
grams or more of phencyclidine (PCP) or 1 kilogram or more
of a mixture or substance containing a detectable amount
of phencyclidine (PCP);

10
grams or more of a mixture or substance containing a detectable
amount of lysergic acid diethylamide (LSD);

400
grams or more of a mixture or substance containing a detectable
amount of N-phenyl-N- [1-(2-phenylethyl)-4-piperidinyl]
propanamide or 100 grams or more of a mixture or substance
containing a detectable amount of any analogue of N-phenyl-N-
[1-(2-phenylethyl)-4-piperidinyl] propanamide;

1000
kilograms or more of a mixture or substance containing a
detectable amount of marihuana, or 1,000 or more marihuana
plants regardless of weight; or

100
grams or more of methamphetamine, its salts, isomers, and
salts of its isomers or 1 kilogram or more of a mixture
or substance containing a detectable amount of methamphetamine,
its salts, isomers, or salts of its isomers;

such person
shall be sentenced to a term of imprisonment which may not be
less than 10 years or more than life and if death or serious
bodily injury results from the use of such substance shall be
not less than 20 years or more than life, a fine not to exceed
the greater of that authorized in accordance with the provisions
of title 18, United States Code, or $ 4,000,000 if the defendant
is an individual or $ 10,000,000 if the defendant is other than
an individual, or both. If any person commits such a violation
after a prior conviction for a felony drug offense has become
final, such person shall be sentenced to a term of imprisonment
which may not be less than 20 years and not more than life imprisonment
and if death or serious bodily injury results from the use of
such substance shall be sentenced to life imprisonment, a fine
not to exceed the greater of twice that authorized in accordance
with the provisions of title 18, United States Code, or $ 8,000,000
if the defendant is an individual or $ 20,000,000 if the defendant
is other than an individual, or both. If any person commits
a violation of this subparagraph or of section 409, 418, 419,
or 420 [21 USCS Section 849, 859, 860, or 861] after
two or more prior convictions for a felony drug offense have
become final, such person shall be sentenced to a mandatory
term of life imprisonment without release and fined in accordance
with the preceding sentence. Any sentence under this subparagraph
shall, in the absence of such a prior conviction, impose a term
of supervised release of at least 5 years in addition to such
term of imprisonment and shall, if there was such a prior conviction,
impose a term of supervised release of at least 10 years in
addition to such term of imprisonment. Notwithstanding any other
provision of law, the court shall not place on probation or
suspend the sentence of any person sentenced under this subparagraph.
No person sentenced under this subparagraph shall be eligible
for parole during the term of imprisonment imposed therein.

In the
case of a violation of subsection (a) of this section involving--

100
grams or more of a mixture or substance containing a detectable
amount of heroin;

500
grams or more of a mixture or substance containing a detectable
amount of--

coca
leaves, except coca leaves and extracts of coca leaves
from which cocaine, ecgonine, and derivatives of ecgonine
or their salts have been removed;

cocaine,
its salts, optical and geometric isomers, and salts
of isomers;

ecgonine, its derivatives, their salts, isomers, and
salts of isomers; or

any
compound, mixture, or preparation which contains any
quantity of any of the substances referred to in subclauses
(I) through (III);

5
grams or more of a mixture or substance described in clause
(ii) which contains cocaine base;

10
grams or more of phencyclidine (PCP) or 100 grams or more
of a mixture or substance containing a detectable amount
of phencyclidine (PCP);

1
gram or more of a mixture or substance containing a detectable
amount of lysergic acid diethylamide (LSD);

40
grams or more of a mixture or substance containing a detectable
amount of N-phenyl-N- [1-(2-phenylethyl)-4-piperidinyl]
propanamide or 10 grams or more of a mixture or substance
containing a detectable amount of any analogue of N-phenyl-N-
[1-(2-phenylethyl)-4-piperidinyl] propanamide;

100
kilograms or more of a mixture or substance containing a
detectable amount of marihuana, or 100 or more marihuana
plants regardless of weight; or

10
grams or more of methamphetamine, its salts, isomers, and
salts of its isomers or 100 grams or more of a mixture or
substance containing a detectable amount of methamphetamine,
its salts, isomers, or salts of its isomers;

such person shall be sentenced to a term of imprisonment which
may not be less than 5 years and not more than 40 years and
if death or serious bodily injury results from the use of such
substance shall be not less than 20 years or more than life,
a fine not to exceed the greater of that authorized in accordance
with the provisions of title 18, United States Code, or $ 2,000,000
if the defendant is an individual or $ 5,000,000 if the defendant
is other than an individual, or both. If any person commits
such a violation after a prior conviction for a felony drug
offense has become final, such person shall be sentenced to
a term of imprisonment which may not be less than 10 years and
not more than life imprisonment and if death or serious bodily
injury results from the use of such substance shall be sentenced
to life imprisonment, a fine not to exceed the greater of twice
that authorized in accordance with the provisions of title 18,
United States Code, or $ 4,000,000 if the defendant is an individual
or $ 10,000,000 if the defendant is other than an individual,
or both. Any sentence imposed under this subparagraph shall,
in the absence of such a prior conviction, include a term of
supervised release of at least 4 years in addition to such term
of imprisonment and shall, if there was such a prior conviction,
include a term of supervised release of at least 8 years in
addition to such term of imprisonment. Notwithstanding any other
provision of law, the court shall not place on probation or
suspend the sentence of any person sentenced under this subparagraph.
No person sentenced under this subparagraph shall be eligible
for parole during the term of imprisonment imposed therein.

In the
case of a controlled substance in schedule I or II except as
provided in subparagraphs (A), (B), and (D), such person shall
be sentenced to a term of imprisonment of not more than 20 years
and if death or serious bodily injury results from the use of
such substance shall be sentenced to a term of imprisonment
of not less than twenty years or more than life, a fine not
to exceed the greater of that authorized in accordance with
the provisions of title 18, United States Code, or $ 1,000,000
if the defendant is an individual or $ 5,000,000 if the defendant
is other than an individual, or both. If any person commits
such a violation after a prior conviction for a felony drug
offense has become final, such person shall be sentenced to
a term of imprisonment of not more than 30 years and if death
or serious bodily injury results from the use of such substance
shall be sentenced to life imprisonment, a fine not to exceed
the greater of twice that authorized in accordance with the
provisions of title 18, United States Code, or $ 2,000,000 if
the defendant is an individual or $ 10,000,000 if the defendant
is other than an individual, or both. Any sentence imposing
a term of imprisonment under this paragraph shall, in the absence
of such a prior conviction, impose a term of supervised release
of at least 3 years in addition to such term of imprisonment
and shall, if there was such a prior conviction, impose a term
of supervised release of at least 6 years in addition to such
term of imprisonment. Notwithstanding any other provision of
law, the court shall not place on probation or suspend the sentence
of any person sentenced under the provisions of this subparagraph
which provide for a mandatory term of imprisonment if death
or serious bodily injury results, nor shall a person so sentenced
be eligible for parole during the term of such a sentence.

In the
case of less than 50 kilograms of marihuana, except in the case
of 50 or more marihuana plants regardless of weight, 10 kilograms
of hashish, or one kilogram of hashish oil or in the case of
any controlled substance in schedule III, such person shall,
except as provided in paragraphs (4) and (5) of this subsection,
be sentenced to a term of imprisonment of not more than 5 years,
a fine not to exceed the greater of that authorized in accordance
with the provisions of title 18, United States Code, or $ 250,000
if the defendant is an individual or $ 1,000,000 if the defendant
is other than an individual, or both. If any person commits
such a violation after a prior conviction for a felony drug
offense has become final, such person shall be sentenced to
a term of imprisonment of not more than 10 years, a fine not
to exceed the greater of twice that authorized in accordance
with the provisions of title 18, United States Code, or $ 500,000
if the defendant is an individual or $ 2,000,000 if the defendant
is other than an individual, or both. Any sentence imposing
a term of imprisonment under this paragraph shall, in the absence
of such a prior conviction, impose a term of supervised release
of at least 2 years in addition to such term of imprisonment
and shall, if there was such a prior conviction, impose a special
parole term of at least 4 years in addition to such term of
imprisonment.

In the case
of a controlled substance in schedule IV, such person shall be sentenced
to a term of imprisonment of not more than 3 years, a fine not to
exceed the greater of that authorized in accordance with the provisions
of title 18, United States Code, or $ 250,000 if the defendant is
an individual or $ 1,000,000 if the defendant is other than an individual,
or both. If any person commits such a violation after one or more
prior convictions of him for an offense punishable under this paragraph,
or for a felony under any other provision of this title or title
III or other law of a State, the United States, or a foreign country
relating to narcotic drugs, marihuana, or depressant or stimulant
substances, have become final, such person shall be sentenced to
a term of imprisonment of not more than 6 years, a fine not to exceed
the greater of twice that authorized in accordance with the provisions
of title 18, United States Code, or $ 500,000 if the defendant is
an individual or $ 2,000,000 if the defendant is other than an individual,
or both. Any sentence imposing a term of imprisonment under this
paragraph shall, in the absence of such a prior conviction, impose
a term of supervised release of at least one year in addition to
such term of imprisonment and shall, if there was such a prior conviction,
impose a special parole term of at least 2 years in addition to
such term of imprisonment.

In the case
of a controlled substance in schedule V, such person shall be sentenced
to a term of imprisonment of not more than one year, a fine not
to exceed the greater of that authorized in accordance with the
provisions of title 18, United States Code, or $ 100,000 if the
defendant is an individual or $ 250,000 if the defendant is other
than an individual, or both. If any person commits such a violation
after one or more convictions of him for an offense punishable under
this paragraph, or for a crime under any other provision of this
title or title III or other law of a State, the United States, or
a foreign country relating to narcotic drugs, marihuana, or depressant
or stimulant substances, have become final, such person shall be
sentenced to a term of imprisonment of not more than 2 years, a
fine not to exceed the greater of twice that authorized in accordance
with the provisions of title 18, United States Code, or $ 200,000
if the defendant is an individual or $ 500,000 if the defendant
is other than an individual, or both.

Notwithstanding
paragraph (1)(D) of this subsection, any person who violates subsection
(a) of this section by distributing a small amount of marihuana
for no remuneration shall be treated as provided in section 404
[21 USCS Section 844] and section 3607 of title 18, United
States Code.

Any person
who violates subsection (a) of this section by cultivating a controlled
substance on Federal property shall be imprisoned as provided in
this subsection and shall be fined any amount not to exceed--

the amount
authorized in accordance with this section;

the amount
authorized in accordance with the provisions of title 18, United
States Code;

$ 500,000
if the defendant is an individual; or

$ 1,000,000
if the defendant is other than an individual; or both.

Any person
who violates subsection (a), or attempts to do so, and knowingly
or intentionally uses a poison, chemical, or other hazardous substance
on Federal land, and, by such use--

creates
a serious hazard to humans, wildlife, or domestic animals,

degrades
or harms the environment or natural resources, or

pollutes
an aquifer, spring, stream, river, or body of water, shall be
fined in accordance with title 18, United States Code, or imprisoned
not more than five years, or both.

[Caution: for
effective date and savings provisions, see Section 235 of Act Oct. 12,
1984, P.L. 98-473, which appears as 18 USCS Section 3551 note]
A term of supervised release imposed under this section or section 418,
419, or 420 [21 USCS Section 859, 860, or 861] may be revoked
if its terms and conditions are violated. In such circumstances the
original term of imprisonment shall be increased by the period of the
term of supervised release and the resulting new term of imprisonment
shall not be diminished by the time which was spent on special parole.
A person whose term of supervised release has been revoked may be required
to serve all or part of the remainder of the new term of imprisonment.
A term of supervised release provided for in this section or section
418, 419, or 420 [21 USCS Section 859, 860, or 861] shall be
in addition to, and not in lieu of, any other parole provided for by
law.

Any person who
knowingly or intentionally--

possesses
a listed chemical with intent to manufacture a controlled substance
except as authorized by this title;

possesses
or distributes a listed chemical knowing, or having reasonable cause
to believe, that the listed chemical will be used to manufacture
a controlled substance except as authorized by this title; or

with the intent
of causing the evasion of the recordkeeping or reporting requirements
of section 310 [21 USCS Section 830], or the regulations
issued under that section, receives or distributes a reportable
amount of any listed chemical in units small enough so that the
making of records or filing of reports under that section is not
required;

shall be fined in accordance with title 18, United States Code, or imprisoned
not more than 10 years, or both.

Penalty.

Any person
who assembles, maintains, places, or causes to be placed a boobytrap
on Federal property where a controlled substance is being manufactured,
distributed, or dispensed shall be sentenced to a term of imprisonment
for not more than 10 years and shall be fined not more than $ 10,000.

If any person
commits such a violation after 1 or more prior convictions for an
offense punishable under this subsection, such person shall be sentenced
to a term of imprisonment of not more than 20 years and shall be
fined not more than $ 20,000.

For the purposes
of this subsection, the term "boobytrap" means any concealed or
camouflaged device designed to cause bodily injury when triggered
by any action of any unsuspecting person making contact with the
device. Such term includes guns, ammunition, or explosive devices
attached to trip wires or other triggering mechanisms, sharpened
stakes, and lines or wires with hooks attached.

In addition to
any other applicable penalty, any person convicted of a felony violation
of this section relating to the receipt, distribution, or importation
of a listed chemical may be enjoined from engaging in any regulated
transaction involving a listed chemical for not more than ten years.

Whoever knowingly
distributes a listed chemical in violation of this title (other
than in violation of a recordkeeping or reporting requirement of
section 310 [21 USCS Section 830]) shall be fined under
title 18, United States Code, or imprisoned not more than 5 years,
or both.

Whoever possesses
any listed chemical, with knowledge that the recordkeeping or reporting
requirements of section 310 [21 USCS Section 830] have
not been adhered to, if, after such knowledge is acquired, such
person does not take immediate steps to remedy the violation shall
be fined under title 18, United States Code, or imprisoned not more
than one year, or both.

who is subject
to the requirements of part C [21 USCS 21 et seq.] to distribute
or dispense a controlled substance in violation of section 309 [21
USCS Section 829];

who is a registrant
to distribute or dispense a controlled substance not authorized
by his registration to another registrant or other authorized person
or to manufacture a controlled substance not authorized by his registration;

who is a registrant
to distribute a controlled substance in violation of section 305
of this title [21 USCS Section 825];

to remove,
alter, or obliterate a symbol or label required by section 305 of
this title [21 USCS Section 825];

to refuse
or fail to make, keep, or furnish any record, report, notification,
declaration, order or order form, statement, invoice, or information
required under this title or title III;

to refuse
any entry into any premises or inspection authorized by this title
or title III;

to remove,
break, injure, or deface a seal placed upon controlled substances
pursuant to section 304(f) or 511 [21 USCS 824(f), 881]
or to remove or dispose of substances so placed under seal;

to use, to
his own advantage, or to reveal, other than to duly authorized officers
or employees of the United States, or to the courts when relevant
in any judicial proceeding under this title or title III, any information
acquired in the course of an inspection authorized by this title
concerning any method or process which as a trade secret is entitled
to protection, or to use to his own advantage or reveal (other than
as authorized by section 310) any information that is confidential
under such section;

who is a regulated
person to engage in a regulated transaction without obtaining the
identification required by 310(a)(3) [21 USCS Section 830(a)(3)];
or

to fail to
keep a record or make a report under section 310 [21 USCS Section
830].

Manufacture. It
shall be unlawful for any person who is a registrant to manufacture
a controlled substance in schedule I or II which is--

not expressly
authorized by his registration and by a quota assigned to him pursuant
to section 306 [21 USCS Section 826]; or

in excess
of a quota assigned to him pursuant to section 306 [21 USCS
Section 826].

Penalties.

Except as
provided in paragraph (2), any person who violates this section
shall, with respect to any such violation, be subject to a civil
penalty of not more than $ 25,000. The district courts of the United
States (or, where there is no such court in the case of any territory
or possession of the United States, then the court in such territory
or possession having the jurisdiction of a district court of the
United States in cases arising under the Constitution and laws of
the United States) shall have jurisdiction in accordance with section
1355 of title 28 [28 USCS Section 1355] of the United States
Code to enforce this paragraph.

If a
violation of this section is prosecuted by an information or
indictment which alleges that the violation was committed knowingly
and the trier of fact specifically finds that the violation
was so committed, such person shall, except as otherwise provided
in subparagraph (B) of this paragraph, be sentenced to imprisonment
of not more than one year or a fine of not more than $ 25,000,
or both.

If a violation
referred to in subparagraph (A) was committed after one or more
prior convictions of the offender for an offense punishable
under this paragraph (2), or for a crime under any other provision
of this title or title III or other law of the United States
relating to narcotic drugs, marihuana, or depressant or stimulant
substances, have become final, such person shall be sentenced
to a term of imprisonment of not more than 2 years, a fine of
$ 50,000, or both.

[Deleted]

Except under
the conditions specified in paragraph (2) of this subsection, a
violation of this section does not constitute a crime, and a judgment
for the United States and imposition of a civil penalty pursuant
to paragraph (1) shall not give rise to any disability or legal
disadvantage based on conviction for a criminal offense.

Unlawful acts.
It shall be unlawful for any person knowingly or intentionally--

who is a registrant
to distribute a controlled substance classified in schedule I or
II, in the course of his legitimate business, except pursuant to
an order or an order form as required by section 308 of this title
[21 USCS Section 828];

to use in
the course of the manufacture, distribution, or dispensing of a
controlled substance, or to use for the purpose of acquiring or
obtaining a controlled substance, a registration number which is
fictitious, revoked, suspended, expired, or issued to another person;

to acquire
or obtain possession of a controlled substance by misrepresentation,
fraud, forgery, deception, or subterfuge;

to furnish
false or fraudulent material information in, or omit any material
information from, any application, report, record, or other
document required to be made, kept, or filed under this title
or title III, or

to present
false or fraudulent identification where the person is receiving
or purchasing or a listed chemical and the person is required
to present identification under section 310(a) [21 USCS
Section 830(a)];

to make, distribute,
or possess any punch, die, plate, stone, or other thing designed
to print, imprint, or reproduce the trademark, trade name, or other
identifying mark, imprint, or device of another or any likeness
of any of the foregoing upon any drug or container or labeling thereof
so as to render such drug a counterfeit substance; or

to possess
any three-neck round-bottom flask, tableting machine, encapsulating
machine, or gelatin capsule, or any equipment, chemical, product,
or material which may be used to manufacture a controlled substance
or listed chemical, knowing, intending, or having reasonable cause
to believe, that it will be used to manufacture a controlled substance
or listed chemical in violation of this title or title III;

to manufacture,
distribute, export, or import any three-neck round-bottom flask,
tableting machine, encapsulating machine, or gelatin capsule, or
any equipment, chemical, product, or material which may be used
to manufacture a controlled substance or listed chemical, knowing,
intending, or having reasonable cause to believe, that it will be
used to manufacture a controlled substance or listed chemical in
violation of this title or title III or, in the case of an exportation,
in violation of this title or title III or of the laws of the country
to which it is exported;

to create
a chemical mixture for the purpose of evading a requirement of section
310 [21 USCS Section 830] or to receive a chemical mixture
created for that purpose; or

to distribute,
import, or export a list I chemical without the registration required
by this title or title III.

Communication
facility. It shall be unlawful for any person knowingly or intentionally
to use any communication facility in committing or in causing or facilitating
the commission of any act or acts constituting a felony under any provision
of this title or title III. Each separate use of a communication facility
shall be a separate offense under this subsection. For purposes of this
subsection, the term "communication facility" means any and all public
and private instrumentalities used or useful in the transmission of
writing, signs, signals, pictures, or sounds of all kinds and includes
mail, telephone, wire, radio, and all other means of communication.

Advertising.
It shall be unlawful for any person to place in any newspaper, magazine,
handbill, or other publications, any written advertisement knowing that
it has the purpose of seeking or offering illegally to receive, buy,
or distribute a Schedule I controlled substance. As used in this section
the term "advertisement" includes, in addition to its ordinary meaning,
such advertisements as those for a catalog of Schedule I controlled
substances and any similar written advertisement that has the purpose
of seeking or offering illegally to receive, buy, or distribute a Schedule
I controlled substance. The term "advertisement" does not include material
which merely advocates the use of a similar material, which advocates
a position or practice, and does not attempt to propose or facilitate
an actual transaction in a Schedule I controlled substance.

Penalties. Any
person who violates this section shall be sentenced to a term of imprisonment
of not more than 4 years, a fine of not more than $ 30,000, or both;
except that if any person commits such a violation after one or more
prior convictions of him for violation of this section, or for a felony
under any other provision of this title or title III or other law of
the United States relating to narcotic drugs, marihuana, or depressant
or stimulant substances, have become final, such person shall be sentenced
to a term of imprisonment of not more than 8 years, a fine of not more
than $ 60,000, or both.

Additional penalties.
In addition to any other applicable penalty, any person convicted of
a felony violation of this section relating to the receipt, distribution,
or importation of a listed chemical may be enjoined from engaging in
any regulated transaction involving a listed chemical for not more than
ten years.

It shall be unlawful
for any person knowingly or intentionally to possess a controlled substance
unless such substance was obtained directly, or pursuant to a valid
prescription or order, from a practitioner, while acting in the course
of his professional practice, or except as otherwise authorized by this
title or title III. Any person who violates this subsection may be sentenced
to a term of imprisonment of not more than 1 year, and shall be fined
a minimum of $ 1,000, or both, except that if he commits such offense
after a prior conviction under this title or title III, or a prior conviction
for any drug or narcotic offense chargeable under the law of any State,
has become final, he shall be sentenced to a term of imprisonment for
not less than 15 days but not more than 2 years, and shall be fined
a minimum of $ 2,500, except, further, that if he commits such offense
after two or more prior convictions under this title or title III, or
two or more prior convictions for any drug or narcotic offense chargeable
under the law of any State, or a combination of two or more such offenses
have become final, he shall be sentenced to a term of imprisonment for
not less than 90 days but not more than 3 years, and shall be fined
a minimum of $ 5,000. Notwithstanding the preceding sentence, a person
convicted under this subsection for the possession of a mixture or substance
which contains cocaine base shall be imprisoned not less than 5 years
and not more than 20 years, and fined a minimum of $ 1,000, if the conviction
is a first conviction under this subsection and the amount of the mixture
or substance exceeds 5 grams, if the conviction is after a prior conviction
for the possession of such a mixture or substance under this subsection
becomes final and the amount of the mixture or substance exceeds 3 grams,
or if the conviction is after 2 or more prior convictions for the possession
of such a mixture or substance under this subsection become final and
the amount of the mixture or substance exceeds 1 gram. The imposition
or execution of a minimum sentence required to be imposed under this
subsection shall not be suspended or deferred. Further, upon conviction,
a person who violates this subsection shall be fined the reasonable
costs of the investigation and prosecution of the offense, including
the costs of prosecution of an offense as defined in sections 1918 and
1920 of title 28, United States Code, except that this sentence shall
not apply and a fine under this section need not be imposed if the court
determines under the provision of title 18 that the defendant lacks
the ability to pay.

[Repealed]

As used in this
section, the term "drug or narcotic offense" means any offense which
proscribes the possession, distribution, manufacture, cultivation, sale,
transfer, or the attempt or conspiracy to possess, distribute, manufacture,
cultivate, sell or transfer any substance the possession of which is
prohibited under this title.

Section 844a. Civil
penalty for possession of small amounts of certain controlled substances

In general. Any
individual who knowingly possesses a controlled substance that is listed
in section 401(b)(1)(A) [21 USCS Section 841(b)(1)(A)] in violation
of section 404 [21 USCS Section 844(b)(1)(A)] in an amount
that, as specified by regulation of the Attorney General, is a personal
use amount shall be liable to the United States for a civil penalty
in an amount not to exceed $ 10,000 for each such violation.

Income and net
assets. The income and net assets of an individual shall not be relevant
to the determination whether to assess a civil penalty under this section
or to prosecute the individual criminally. However, in determining the
amount of a penalty under this section, the income and net assets of
an individual shall be considered.

Prior conviction.
A civil penalty may not be assessed under this section if the individual
previously was convicted of a Federal or State offense relating to a
controlled substance.

(d) Limitation
on number of assessments. A civil penalty may not be assessed on an
individual under this section on more than two separate occasions.

Assessment. A
civil penalty under this section may be assessed by the Attorney General
only by an order made on the record after opportunity for a hearing
in accordance with section 554 of title 5, United States Code. The Attorney
General shall provide written notice to the individual who is the subject
of the proposed order informing the individual of the opportunity to
receive such a hearing with respect to the proposed order. The hearing
may be held only if the individual makes a request for the hearing before
the expiration of the 30-day period beginning on the date such notice
is issued.

Compromise. The
Attorney General may compromise, modify, or remit, with or without conditions,
any civil penalty imposed under this section.

Judicial Review.
If the Attorney General issues an order pursuant to subsection (e) after
a hearing described in such subsection, the individual who is the subject
of the order may, before the expiration of the 30-day period beginning
on the date the order is issued, bring a civil action in the appropriate
district court of the United States. In such action, the law and the
facts of the violation and the assessment of the civil penalty shall
be determined de novo, and shall include the right of a trial by jury,
the right to counsel, and the right to confront witnesses. The facts
of the violation shall be proved beyond a reasonable doubt.

Civil action.
If an individual does not request a hearing pursuant to subsection (e)
and the Attorney General issues an order pursuant to such subsection,
or if an individual does not under subsection (g) seek judicial review
of such an order, the Attorney General may commence a civil action in
any appropriate district court of the United States for the purpose
of recovering the amount assessed and an amount representing interest
at a rate computed in accordance with section 1961 of title 28, United
States Code. Such interest shall accrue from the expiration of the 30-day
period described in subsection (g). In such an action, the decision
of the Attorney General to issue the order, and the amount of the penalty
assessed by the Attorney General, shall not be subject to review.

Limitation. The
Attorney General may not under this subsection [section] commence proceeding
against an individual after the expiration of the 5-year period beginning
on the date on which the individual allegedly violated subsection (a).

Expungement procedures.
The Attorney General shall dismiss the proceedings under this section
against an individual upon application of such individual at any time
after the expiration of 3 years if--

the individual
has not previously been assessed a civil penalty under this section;

the individual
has paid the assessment;

the individual
has complied with any conditions imposed by the Attorney General;

the individual
has not been convicted of a Federal or State offense relating to
a controlled substance; and

the individual
agrees to submit to a drug test, and such test shows the individual
to be drug free.

A nonpublic record of
a disposition under this subsection shall be retained by the Department
of Justice solely for the purpose of determining in any subsequent proceeding
whether the person qualified for a civil penalty or expungement under this
section. If a record is expunged under this subsection, an individual concerning
whom such an expungement has been made shall not be held thereafter under
any provision of law to be guilty of perjury, false swearing, or making
a false statement by reason of his failure to recite or acknowledge a proceeding
under this section or the results thereof in response to an inquiry made
of him for any purpose.

Any person who attempts
or conspires to commit any offense defined in this title shall be subject
to the same penalties as those prescribed for the offense, the commission
of which was the object of the attempt or conspiracy.

Penalties; forfeitures.
Any person who engages in a continuing criminal enterprise shall be
sentenced to a term of imprisonment which may not be less than 20 years
and which may be up to life imprisonment, to a fine not to exceed the
greater of that authorized in accordance with the provisions of title
18, United States Code, or $ 2,000,000 if the defendant is an individual
or $5,000,000 if the defendant is other than an individual, and to the
forfeiture prescribed in section 413 of this title [21 USCS Section
853]; except that if any person engages in such activity after
one or more prior convictions of him under this section have become
final, he shall be sentenced to a term of imprisonment which may not
be less than 30 years and which may be up to life imprisonment, to a
fine not to exceed the greater of twice the amount authorized in accordance
with the provisions of title 18, United States Code, or $ 4,000,000
if the defendant is an individual or $ 10,000,000 if the defendant is
other than an individual, and to the forfeiture prescribed in section
413 of this title [21 USCS Section 853].

Life imprisonment
for principal administrator, organizer, or leader of enterprise; excessive
quantity of substance or money received. Any person who engages in a
continuing criminal enterprise shall be imprisoned for life and fined
in accordance with subsection (a), if--

such person
is the principal administrator, organizer, or leader of the enterprise
or is one of several such principal administrators, organizers,
or leaders; and

the violation
referred to in subsection (c)(1) involved at least 300 times
the quantity of a substance described in subsection 401(b)(1)(B)
of this Act [21 USCS Section 841(b)(1)(B)], or

the enterprise,
or any other enterprise in which the defendant was the principal
or one of several principal administrators, organizers, or leaders,
received $ 10 million dollars in gross receipts during any twelve-month
period of its existence for the manufacture, importation, or
distribution of a substance described in section 401(b)(1)(B)
of this Act [21 USCS Section 841(b)(1)(B).

"Continuing criminal
enterprise" defined. For purposes of subsection (a), a person is engaged
in a continuing criminal enterprise if--

he violates
any provision of this title or title III the punishment for which
is a felony, and

such violation
is a part of a continuing series of violations of this title or
title III--

which
are undertaken by such person in concert with five or more other
persons with respect to whom such person occupies a position
of organizer, a supervisory position, or any other position
of management, and

from which
such person obtains substantial income or resources.

Suspension of
sentence and probation prohibited. In the case of any sentence imposed
under this section, imposition or execution of such sentence shall not
be suspended, probation shall not be granted, and the Act of July 15,
1932 (D. C. Code, secs. 24-203-24-207), shall not apply.

Death Penalty.

In addition
to the other penalties set forth in this section--

any person
engaging in or working in furtherance of a continuing criminal
enterprise, or any person engaging in an offense punishable
under section 841(b)(1)(A) or section 960(b)(1) [21 USCS
Section 841(b)(1)(A) or 960(b)(1)] who intentionally kills
or counsels, commands, induces, procures, or causes the intentional
killing of an individual and such killing results, shall be
sentenced to any term of imprisonment, which shall not be less
than 20 years, and which may be up to life imprisonment, or
may be sentenced to death; and

any person,
during the commission of, in furtherance of, or while attempting
to avoid apprehension, prosecution or service of a prison sentence
for, a felony violation of this title or title III who intentionally
kills or counsels, commands, induces, procures, or causes the
intentional killing of any Federal, State, or local law enforcement
officer engaged in, or on account of, the performance of such
officer's official duties and such killing results, shall be
sentenced to any term of imprisonment, which shall not be less
than 20 years, and which may be up to life imprisonment, or
may be sentenced to death.

As used in
paragraph (1)(b), the term "law enforcement officer" means a public
servant authorized by law or by a Government agency or Congress
to conduct or engage in the prevention, investigation, prosecution
or adjudication of an offense, and includes those engaged in corrections,
probation, or parole functions.

[Not enacted]

Hearing required
with respect to the death penalty. A person shall be subjected to the
penalty of death for any offense under this section only if a hearing
is held in accordance with this section.

Notice by the
Government in death penalty cases.

Whenever the
Government intends to seek the death penalty for an offense under
this section for which one of the sentences provided is death, the
attorney for the Government, a reasonable time before trial or acceptance
by the court of a plea of guilty, shall sign and file with the court,
and serve upon the defendant, a notice--

that
the Government in the event of conviction will seek the sentence
of death; and

setting
forth the aggravating factors enumerated in subsection (n) and
any other aggravating factors which the Government will seek
to prove as the basis for the death penalty.

The court
may permit the attorney for the Government to amend this notice
for good cause shown.

Hearing before
court or jury.

When the attorney
for the Government has filed a notice as required under subsection
(h) and the defendant is found guilty of or pleads guilty to an
offense under subsection (e), the judge who presided at the trial
or before whom the guilty plea was entered, or any other judge if
the judge who presided at the trial or before whom the guilty plea
was entered is unavailable, shall conduct a separate sentencing
hearing to determine the punishment to be imposed. The hearing shall
be conducted--

before
the jury which determined the defendant's guilt;

before
a jury impaneled for the purpose of the hearing if--

the
defendant was convicted upon a plea of guilty;

the
defendant was convicted after a trial before the court sitting
without a jury;

the
jury which determined the defendant's guilt has been discharged
for good cause; or

after
initial imposition of a sentence under this section, redetermination
of the sentence under this section is necessary; or

before
the court alone, upon the motion of the defendant and with the
approval of the Government.

A jury impaneled
under paragraph (1)(B) shall consist of 12 members, unless, at any
time before the conclusion of the hearing, the parties stipulate
with the approval of the court that it shall consist of any number
less than 12.

Proof of aggravating
and mitigating factors. Notwithstanding rule 32(c) of the Federal Rules
of Criminal Procedure, when a defendant is found guilty of or pleads
guilty to an offense under subsection (e), no presentence report shall
be prepared. In the sentencing hearing, information may be presented
as to matters relating to any of the aggravating or mitigating factors
set forth in subsections (m) and (n), or any other mitigating factor
or any other aggravating factor for which notice has been provided under
subsection (h)(1)(B). Where information is presented relating to any
of the aggravating factors set forth in subsection (n), information
may be presented relating to any other aggravating factor for which
notice has been provided under subsection (h)(1)(B). Information presented
may include the trial transcript and exhibits if the hearing is held
before a jury or judge not present during the trial, or at the trial
judge's discretion. Any other information relevant to such mitigating
or aggravating factors may be presented by either the Government or
the defendant, regardless of its admissibility under the rules governing
admission of evidence at criminal trials, except that information may
be excluded if its probative value is substantially outweighed by the
danger of unfair prejudice, confusion of the issues, or misleading the
jury. The Government and the defendant shall be permitted to rebut any
information received at the hearing and shall be given fair opportunity
to present argument as to the adequacy of the information to establish
the existence of any of the aggravating or mitigating factors and as
to appropriateness in that case of imposing a sentence of death. The
Government shall open the argument. The defendant shall be permitted
to reply. The Government shall then be permitted to reply in rebuttal.
The burden of establishing the existence of any aggravating factor is
on the Government, and is not satisfied unless established beyond a
reasonable doubt. The burden of establishing the existence of any mitigating
factor is on the defendant, and is not satisfied unless established
by a preponderance of the evidence.

Return of findings.
The jury, or if there is no jury, the court, shall consider all the
information received during the hearing. It shall return special findings
identifying any aggravating factors set forth in subsection (n), found
to exist. If one of the aggravating factors set forth in subsection
(n)(1) and another of the aggravating factors set forth in paragraphs
(2) through (12) of subsection (n) is found to exist, a special finding
identifying any other aggravating factor for which notice has been provided
under subsection (h)(1)(B), may be returned. A finding with respect
to a mitigating factor may be made by one or more of the members of
the jury, and any member of the jury who finds the existence of a mitigating
factor may consider such a factor established for purposes of this subsection,
regardless of the number of jurors who concur that the factor has been
established. A finding with respect to any aggravating factor must be
unanimous. If an aggravating factor set forth in subsection (n)(1) is
not found to exist or an aggravating factor set forth in subsection
(n)(1) is found to exist but no other aggravating factor set forth in
subsection (n) is found to exist, the court shall impose a sentence,
other than death, authorized by law. If an aggravating factor set forth
in subsection (n)(1) and one or more of the other aggravating factors
set forth in subsection (n) are found to exist, the jury, or if there
is no jury, the court, shall then consider whether the aggravating factors
found to exist sufficiently outweigh any mitigating factor or factors
found to exist, or in the absence of mitigating factors, whether the
aggravating factors are themselves sufficient to justify a sentence
of death. Based upon this consideration, the jury by unanimous vote,
or if there is no jury, the court, shall recommend that a sentence of
death shall be imposed rather than a sentence of life imprisonment without
possibility of release or some other lesser sentence. The jury or the
court, regardless of its findings with respect to aggravating and mitigating
factors, is never required to impose a death sentence and the jury shall
be so instructed.

Imposition of
sentence. Upon the recommendation that the sentence of death be imposed,
the court shall sentence the defendant to death. Otherwise the court
shall impose a sentence, other than death, authorized by law. A sentence
of death shall not be carried out upon a person who is under 18 years
of age at the time the crime was committed. A sentence of death shall
not be carried out upon a person who is mentally retarded. A sentence
of death shall not be carried out upon a person who, as a result of
mental disability--

cannot understand
the nature of the pending proceedings, what such person was tried
for, the reason for the punishment, or the nature of the punishment;
or

lacks the
capacity to recognize or understand facts which would make the punishment
unjust or unlawful, or lacks the ability to convey such information
to counsel or to the court.

Mitigating factors.
In determining whether a sentence of death is to be imposed on a defendant,
the finder of fact shall consider mitigating factors, including the
following:

The defendant's
capacity to appreciate the wrongfulness of the defendant's conduct
or to conform conduct to the requirements of law was significantly
impaired, regardless of whether the capacity was so impaired as
to constitute a defense to the charge.

The defendant
was under unusual and substantial duress, regardless of whether
the duress was of such a degree as to constitute a defense to the
charge.

The defendant
is punishable as a principal (as defined in section 2 of title 18
of the United States Code) in the offense, which was committed by
another, but the defendant's participation was relatively minor,
regardless of whether the participation was so minor as to constitute
a defense to the charge.

The defendant
could not reasonably have foreseen that the defendant's conduct
in the course of the commission of murder, or other offense resulting
in death for which the defendant was convicted, would cause, or
would create a grave risk of causing, death to any person.

The defendant
was youthful, although not under the age of 18.

The defendant
did not have a significant prior criminal record.

The defendant
committed the offense under severe mental or emotional disturbance.

Another defendant
or defendants, equally culpable in the crime, will not be punished
by death.

The victim
consented to the criminal conduct that resulted in the victim's
death.

That other
factors in the defendant's background or character mitigate against
imposition of the death sentence.

Aggravating factors
for homicide. If the defendant is found guilty of or pleads guilty to
an offense under subsection (e), the following aggravating factors are
the only aggravating factors that shall be considered, unless notice
of additional aggravating factors is provided under subsection (h)(1)(B):

The defendant--

intentionally
killed the victim;

intentionally
inflicted serious bodily injury which resulted in the death
of the victim;

intentionally
engaged in conduct intending that the victim be killed or that
lethal force be employed against the victim, which resulted
in the death of the victim;

intentionally
engaged in conduct which--

the
defendant knew would create a grave risk of death to a person,
other than one of the participants in the offense; and

resulted
in the death of the victim.

The defendant
has been convicted of another Federal offense, or a State offense
resulting in the death of a person, for which a sentence of life
imprisonment or a sentence of death was authorized by statute.

The defendant
has previously been convicted of two or more State or Federal offenses
punishable by a term of imprisonment of more than one year, committed
on different occasions, involving the infliction of, or attempted
infliction of, serious bodily injury upon another person.

The defendant
has previously been convicted of two or more State or Federal offenses
punishable by a term of imprisonment of more than one year, committed
on different occasions, involving the distribution of a controlled
substance.

In the commission
of the offense or in escaping apprehension for a violation of subsection
(e), the defendant knowingly created a grave risk of death to one
or more persons in addition to the victims of the offense.

The defendant
procured the commission of the offense by payment, or promise of
payment, of anything of pecuniary value.

The defendant
committed the offense as consideration for the receipt, or in the
expectation of the receipt, of anything of pecuniary value.

The defendant
committed the offense after substantial planning and premeditation.

The victim
was particularly vulnerable due to old age, youth, or infirmity.

The defendant
had previously been convicted of violating this title or title III
for which a sentence of five or more years may be imposed or had
previously been convicted of engaging in a continuing criminal enterprise.

The violation
of this title in relation to which the conduct described in subsection
(e) occurred was a violation of section 418 [21 USCS Section
859].

The defendant
committed the offense in an especially heinous, cruel, or depraved
manner in that it involved torture or serious physical abuse to
the victim.

Right of the
defendant to justice without discrimination.

In any hearing
held before a jury under this section, the court shall instruct
the jury that in its consideration of whether the sentence of death
is justified it shall not consider the race, color, religious beliefs,
national origin, or sex of the defendant or the victim, and that
the jury is not to recommend a sentence of death unless it has concluded
that it would recommend a sentence of death for the crime in question
no matter what the race, color, religious beliefs, national origin,
or sex of the defendant, or the victim, may be. The jury shall return
to the court a certificate signed by each juror that consideration
of the race, color, religious beliefs, national origin, or sex of
the defendant or the victim was not involved in reaching his or
her individual decision, and that the individual juror would have
made the same recommendation regarding a sentence for the crime
in question no matter what the race, color, religious beliefs, national
origin, or sex of the defendant, or the victim, may be.

Not later
than one year from the date of enactment of the Anti-Drug Abuse
Amendments Act of 1988 [enacted Nov. 18, 1988], the Comptroller
General shall conduct a study of the various procedures used by
the several States for determining whether or not to impose the
death penalty in particular cases, and shall report to the Congress
on whether or not any or all of the various procedures create a
significant risk that the race of a defendant, or the race of a
victim against whom a crime was committed, influence the likelihood
that defendants in those States will be sentenced to death. In conducting
the study required by this paragraph, the General Accounting Office
shall--

use ordinary
methods of statistical analysis, including methods comparable
to those ruled admissible by the courts in race discrimination
cases under title VII of the Civil Rights Act of 1964 [42
USCS 2000e et seq.];

study
only crimes occurring after January 1, 1976; and

determine
what, if any, other factors, including any relation between
any aggravating or mitigating factors and the race of the victim
or the defendant, may account for any evidence that the race
of the defendant, or the race of the victim, influences the
likelihood that defendants will be sentenced to death. In addition,
the General Accounting Office shall examine separately and include
in the report, death penalty cases involving crimes similar
to those covered under this section.

Sentencing in
capital cases in which death penalty is not sought or imposed. If a
person is convicted for an offense under subsection (e) and the court
does not impose the penalty of death, the court may impose a sentence
of life imprisonment without the possibility of parole.

Appeal in capital
cases; counsel for financially unable defendants.

In any case
in which the sentence of death is imposed under this section, the
sentence of death shall be subject to review by the court of appeals
upon appeal by the defendant. Notice of appeal must be filed within
the time prescribed for appeal of judgment in section 2107 of title
28, United States Code. An appeal under this section may be consolidated
with an appeal of the judgment of conviction. Such review shall
have priority over all other cases.

On review
of the sentence, the court of appeals shall consider the record,
the evidence submitted during the trial, the information submitted
during the sentencing hearing, the procedures employed in the sentencing
hearing, and the special findings returned under this section.

he court shall
affirm the sentence if it determines that--

the sentence
of death was not imposed under the influence of passion, prejudice,
or any other arbitrary factor; and

the information
supports the special finding of the existence of every aggravating
factor upon which the sentence was based, together with, or
the failure to find, any mitigating factors as set forth or
allowed in this section.

In all other cases the court shall remand the case for reconsideration
under this section. The court of appeals shall state in writing
the reasons for its disposition of the review of the sentence.

Notwithstanding
any other provision of law to the contrary, in every criminal
action in which a defendant is charged with a crime which may
be punishable by death, a defendant who is or becomes financially
unable to obtain adequate representation or investigative, expert,
or other reasonably necessary services at any time either--

before
judgment; or

after
the entry of a judgment imposing a sentence of death but
before the execution of that judgment;

shall be entitled to the appointment of one or more attorneys
and the furnishing of such other services in accordance with
paragraphs (5), (6), (7), (8), and (9).

In any
post conviction proceeding under section 2254 or 2255 of title
28, United States Code, seeking to vacate or set aside a death
sentence, any defendant who is or becomes financially unable
to obtain adequate representation or investigative, expert,
or other reasonably necessary services shall be entitled to
the appointment of one or more attorneys and the furnishing
of such other services in accordance with paragraphs (5), (6),
(7), (8), and (9).

If the appointment
is made before judgment, at least one attorney so appointed must
have been admitted to practice in the court in which the prosecution
is to be tried for not less than five years, and must have had not
less than three years experience in the actual trial of felony prosecutions
in that court.

If the appointment
is made after judgment, at least one attorney so appointed must
have been admitted to practice in the court of appeals for not less
than five years, and must have had not less than three years experience
in the handling of appeals in that court in felony cases.

With respect
to paragraphs (5) and (6), the court, for good cause, may appoint
another attorney whose background, knowledge, or experience would
otherwise enable him or her to properly represent the defendant,
with due consideration to the seriousness of the possible penalty
and to the unique and complex nature of the litigation.

Unless replaced
by similarly qualified counsel upon the attorney's own motion or
upon motion of the defendant, each attorney so appointed shall represent
the defendant throughout every subsequent stage of available judicial
proceedings, including pretrial proceedings, trial, sentencing,
motions for new trial, appeals, applications for writ of certiorari
to the Supreme Court of the United States, and all available post-conviction
process, together with applications for stays of execution and other
appropriate motions and procedures, and shall also represent the
defendant in such competency proceedings and proceedings for executive
or other clemency as may be available to the defendant.

Upon a finding
in ex parte proceedings that investigative, expert or other services
are reasonably necessary for the representation of the defendant,
whether in connection with issues relating to guilt or sentence,
the court shall authorize the defendant's attorneys to obtain such
services on behalf of the defendant and shall order the payment
of fees and expenses therefore, under paragraph (10). Upon a finding
that timely procurement of such services could not practicably await
prior authorization, the court may authorize the provision of and
payment for such services nunc pro tunc.

Notwithstanding
the rates and maximum limits generally applicable to criminal cases
and any other provision of law to the contrary, the court shall
fix the compensation to be paid to attorneys appointed under this
subsection and the fees and expenses to be paid for investigative,
expert, and other reasonably necessary services authorized under
paragraph (9), at such rates or amounts as the court determines
to be reasonably necessary to carry out the requirements of paragraphs
(4) through (9).

Refusal to participate
by State and Federal correctional employees. No employee of any State
department of corrections or the Federal Bureau of Prisons and no employee
providing services to that department or bureau under contract shall
be required, as a condition of that employment, or contractual obligation
to be in attendance at or to participate in any execution carried out
under this section if such participation is contrary to the moral or
religious convictions of the employee. For purposes of this subsection,
the term "participation in executions" includes personal preparation
of the condemned individual and the apparatus used for execution and
supervision of the activities of other personnel in carrying out such
activities.

has the capacity
to provide fuel or service, or both, to any commercial motor vehicle
(as defined in section 31301 of title 49, United States Code), operating
in commerce (as defined in that section); and

is located
within 2,500 feet of the National System of Interstate and Defense
Highways or the Federal-Aid Primary System.

First offense.
A person who violates section 401(a)(1) or section 416 [21 USCS
Section 841(a)(1) or 856] by distributing or possessing with intent
to distribute a controlled substance in or on, or within 1,000 feet
of, a truck stop or safety rest area is (except as provided in subsection
(b)) subject to--

twice any
term of supervised release authorized by section 401(b) [21
USCS Section 841(b)] for a first offense.

Subsequent offense.
A person who violates section 401(a)(1) or section 416 [21 USCS
Section 841(a)(1) or 856] by distributing or possessing with intent
to distribute a controlled substance in or on, or within 1,000 feet
of, a truck stop or a safety rest area after a prior conviction or convictions
under subsection (a) have become final is subject to--

Except as otherwise provided in this title or section 303(a) of the Public
Health Service Act [42 USCS Section 242a(a)], no limitation shall
be placed on the information concerning the background, character, and
conduct of a person convicted of an offense which a court of the United
States may receive and consider for the purpose of imposing an appropriate
sentence under this title or title III.

No person
who stands convicted of an offense under this part [21 USCS
Sections 841 et seq.] shall be sentenced to increased punishment
by reason of one or more prior convictions, unless before trial,
or before entry of a plea of guilty, the United States attorney
files an information with the court (and serves a copy of such information
on the person or counsel for the person) stating in writing the
previous convictions to be relied upon. Upon a showing by the United
States attorney that facts regarding prior convictions could not
with due diligence be obtained prior to trial or before entry of
a plea of guilty, the court may postpone the trial or the taking
of the plea of guilty for a reasonable period for the purpose of
obtaining such facts. Clerical mistakes in the information may be
amended at any time prior to the pronouncement of sentence.

An information
may not be filed under this section if the increased punishment
which may be imposed is imprisonment for a term in excess of three
years unless the person either waived or was afforded prosecution
by indictment for the offense for which such increased punishment
may be imposed.

Affirmation or
denial of previous conviction. If the United States attorney files an
information under this section, the court shall after conviction but
before pronouncement of sentence inquire of the person with respect
to whom the information was filed whether he affirms or denies that
he has been previously convicted as alleged in the information, and
shall inform him that any challenge to a prior conviction which is not
made before sentence is imposed may not thereafter be raised to attack
the sentence.

Denial; written
response; hearing.

If the person
denies any allegation of the information of prior conviction, or
claims that any conviction alleged is invalid, he shall file a written
response to the information. A copy of the response shall be served
upon the United States attorney. The court shall hold a hearing
to determine any issues raised by the response which would except
the person from increased punishment. The failure of the United
States attorney to include in the information the complete criminal
record of the person or any facts in addition to the convictions
to be relied upon shall not constitute grounds for invalidating
the notice given in the information required by subsection (a)(1).
The hearing shall be before the court without a jury and either
party may introduce evidence. Except as otherwise provided in paragraph
(2) of this subsection, the United States attorney shall have the
burden of proof beyond a reasonable doubt on any issue of fact.
At the request of either party, the court shall enter findings of
fact and conclusions of law.

A person claiming
that a conviction alleged in the information was obtained in violation
of the Constitution of the United States shall set forth his claim,
and the factual basis therefor, with particularity in his response
to the information. The person shall have the burden of proof by
a preponderance of the evidence on any issue of fact raised by the
response. Any challenge to a prior conviction, not raised by response
to the information before an increased sentence is imposed in reliance
thereon, shall be waived unless good cause be shown for failure
to make a timely challenge.

Imposition of
sentence.

If the person
files no response to the information, or if the court determines,
after hearing, that the person is subject to increased punishment
by reason of prior convictions, the court shall proceed to impose
sentence upon him as provided by this part [21 USCS Sections
841 et seq.].

If the court
determines that the person has not been convicted as alleged in
the information, that a conviction alleged in the information is
invalid, or that the person is otherwise not subject to an increased
sentence as a matter of law, the court shall, at the request of
the United States attorney, postpone sentence to allow an appeal
from that determination. If no such request is made, the court shall
impose sentence as provided by this part [21 USCS Sections 841 et seq.]. The person may appeal from an order postponing sentence
as if sentence had been pronounced and a final judgment of conviction
entered.

Statute of limitations.
No person who stands convicted of an offense under this part [21
USCS Sections 841 et seq.] may challenge the validity of any prior
conviction alleged under this section which occurred more than five
years before the date of the information alleging such prior conviction.

Section 852. Application
of treaties and other international agreements

Nothing in the Single Convention on Narcotic Drugs, the Convention on
Psychotropic Substances, or other treaties or international agreements
shall be construed to limit the provision of treatment, education, or
rehabilitation as alternatives to conviction or criminal penalty for offenses
involving any drug or other substance subject to control under any such
treaty or agreement.

Property subject
to criminal forfeiture. Any person convicted of a violation of this
title or title III punishable by imprisonment for more than one year
shall forfeit to the United States, irrespective of any provision of
State law--

any property
constituting, or derived from, any proceeds the person obtained,
directly or indirectly, as the result of such violation;

any of the
person's property used, or intended to be used, in any manner or
part, to commit, or to facilitate the commission of, such violation;
and

in the case
of a person convicted of engaging in a continuing criminal enterprise
in violation of section 408 of this title (21 U.S.C. 848)
[21 USCS Section 848], the person shall forfeit, in addition
to any property described in paragraph (1) or (2), any of his interest
in, claims against, and property or contractual rights affording
a source of control over, the continuing criminal enterprise.

The court, in imposing sentence on such person, shall order, in addition
to any other sentence imposed pursuant to this title or title III, that
the person forfeit to the United States all property described in this
subsection. In lieu of a fine otherwise authorized by this part [21
USCS Sections 841 et seq.], a defendant who derives profits or
other proceeds from an offense may be fined not more than twice the
gross profits or other proceeds.

Meaning of term
"property". Property subject to criminal forfeiture under this section
includes--

real property,
including things growing on, affixed to, and found in land; and

Third party transfers.
All right, title, and interest in property described in subsection (a)
vests in the United States upon the commission of the act giving rise
to forfeiture under this section. Any such property that is subsequently
transferred to a person other than the defendant may be the subject
of a special verdict of forfeiture and thereafter shall be ordered forfeited
to the United States, unless the transferee establishes in a hearing
pursuant to subsection (n) that he is a bona fide purchaser for value
of such property who at the time of purchase was reasonably without
cause to believe that the property was subject to forfeiture under this
section.

Rebuttable presumption.
There is a rebuttable presumption at trial that any property of a person
convicted of a felony under this title or title III is subject to forfeiture
under this section if the United States establishes by a preponderance
of the evidence that--

such property
was acquired by such person during the period of the violation of
this title or title III or within a reasonable time after such period;
and

there was
no likely source for such property other than the violation of this
title or title III.

Protective orders.

Upon application
of the United States, the court may enter a restraining order or
injunction, require the execution of a satisfactory performance
bond, or take any other action to preserve the availability of property
described in subsection (a) for forfeiture under this section--

upon
the filing of an indictment or information charging a violation
of this title or title III for which criminal forfeiture may
be ordered under this section and alleging that the property
with respect to which the order is sought would, in the event
of conviction, be subject to forfeiture under this section;
or

prior
to the filing of such an indictment or information, if, after
notice to persons appearing to have an interest in the property
and opportunity for a hearing, the court determines that--

there
is a substantial probability that the United States will
prevail on the issue of forfeiture and that failure to enter
the order will result in the property being destroyed, removed
from the jurisdiction of the court, or otherwise made unavailable
for forfeiture; and

the
need to preserve the availability of the property through
the entry of the requested order outweighs the hardship
on any party against whom the order is to be entered:

Provided, however, That an order entered pursuant to subparagraph
(B) shall be effective for not more than ninety days, unless extended
by the court for good cause shown or unless an indictment or information
described in subparagraph (A) has been filed.

A temporary
restraining order under this subsection may be entered upon application
of the United States without notice or opportunity for a hearing
when an information or indictment has not yet been filed with respect
to the property, if the United States demonstrates that there is
probable cause to believe that the property with respect to which
the order is sought would, in the event of conviction, be subject
to forfeiture under this section and that provision of notice will
jeopardize the availability of the property for forfeiture. Such
a temporary order shall expire not more than ten days after the
date on which it is entered, unless extended for good cause shown
or unless the party against whom it is entered consents to an extension
for a longer period.

A hearing requested concerning an order entered under this paragraph
shall be held at the earliest possible time and prior to the expiration
of the temporary order.

The court
may receive and consider, at a hearing held pursuant to this subsection,
evidence and information that would be inadmissible under the Federal
Rules of Evidence [20, USCS Appx, Federal Rules of Evidence].

Warrant of seizure.
The Government may request the issuance of a warrant authorizing the
seizure of property subject to forfeiture under this section in the
same manner as provided for a search warrant. If the court determines
that there is probable cause to believe that the property to be seized
would, in the event of conviction, be subject to forfeiture and that
an order under subsection (e) may not be sufficient to assure the availability
of the property for forfeiture, the court shall issue a warrant authorizing
the seizure of such property.

Execution. Upon
entry of an order of forfeiture under this section, the court shall
authorize the Attorney General to seize all property ordered forfeited
upon such terms and conditions as the court shall deem proper. Following
entry of an order declaring the property forfeited, the court may, upon
application of the United States, enter such appropriate restraining
orders or injunctions, require the execution of satisfactory performance
bonds, appoint receivers, conservators, appraisers, accountants, or
trustees, or take any other action to protect the interest of the United
States in the property ordered forfeited. Any income accruing to or
derived from property ordered forfeited under this section may be used
to offset ordinary and necessary expenses to the property which are
required by law, or which are necessary to protect the interests of
the United States or third parties.

Disposition of
property. Following the seizure of property ordered forfeited under
this section, the Attorney General shall direct the disposition of the
property by sale or any other commercially feasible means, making due
provision for the rights of any innocent persons. Any property right
or interest not exercisable by, or transferable for value to, the United
States shall expire and shall not revert to the defendant, nor shall
the defendant or any person acting in concert with him or on his behalf
be eligible to purchase forfeited property at any sale held by the United
States. Upon application of a person, other than the defendant or a
person acting in concert with him or on his behalf, the court may restrain
or stay the sale or disposition of the property pending the conclusion
of any appeal of the criminal case giving rise to the forfeiture, if
the applicant demonstrates that proceeding with the sale or disposition
of the property will result in irreparable injury, harm, or loss to
him.

Authority of
the Attorney General. With respect to property ordered forfeited under
this section, the Attorney General is authorized to--

grant petitions
for mitigation or remission of forfeiture, restore forfeited property
to victims of a violation of this title, or take any other action
to protect the rights of innocent persons which is in the interest
of justice and which is not inconsistent with the provisions of
this section;

compromise
claims arising under this section;

award compensation
to persons providing information resulting in a forfeiture under
this section;

direct the
disposition by the United States, in accordance with the provisions
of section 511(e) of this title (21 U.S.C. 881(e)) [21 USCS
Section 881(e)], of all property ordered forfeited under this
section by public sale or any other commercially feasible means,
making due provision for the rights of innocent persons; and

take appropriate
measures necessary to safeguard and maintain property ordered forfeited
under this section pending its disposition.

Applicability
of civil forfeiture provisions. Except to the extent that they are inconsistent
with the provisions of this section, the provisions of section 511(d)
of this title (21 U.S.C. 881(d)) [21 USCS Section 881(d)] shall
apply to a criminal forfeiture under this section.

Bar on intervention.
Except as provided in subsection (n), no party claiming an interest
in property subject to forfeiture under this section may--

intervene
in a trial or appeal of a criminal case involving the forfeiture
of such property under this section; or

commence an
action at law or equity against the United States concerning the
validity of his alleged interest in the property subsequent to the
filing of an indictment or information alleging that the property
is subject to forfeiture under this section.

Jurisdiction to
enter orders. The district courts of the United States shall have jurisdiction
to enter orders as provided in this section without regard to the location
of any property which may be subject to forfeiture under this section
or which has been ordered forfeited under this section.

Depositions.
In order to facilitate the identification and location of property declared
forfeited and to facilitate the disposition of petitions for remission
or mitigation of forfeiture, after the entry of an order declaring property
forfeited to the United States, the court may, upon application of the
United States, order that the testimony of any witness relating to the
property forfeited be taken by deposition and that any designated book,
paper, document, record, recording, or other material not privileged
be produced at the same time and place, in the same manner as provided
for the taking of depositions under Rule 15 of the Federal Rules of
Criminal Procedure [USCS Federal Rules of Criminal Procedure, Rule 15].

Third party interests.

Following
the entry of an order of forfeiture under this section, the United
States shall publish notice of the order and of its intent to dispose
of the property in such manner as the Attorney General may direct.
The Government may also, to the extent practicable, provide direct
written notice to any person known to have alleged an interest in
the property that is the subject of the order of forfeiture as a
substitute for published notice as to those persons so notified.

Any person,
other than the defendant, asserting a legal interest in property
which has been ordered forfeited to the United States pursuant to
this section may, within thirty days of the final publication of
notice or his receipt of notice under paragraph (1), whichever is
earlier, petition the court for a hearing to adjudicate the validity
of his alleged interest in the property. The hearing shall be held
before the court alone, without a jury.

The petition
shall be signed by the petitioner under penalty of perjury and shall
set forth the nature and extent of the petitioner's right, title,
or interest in the property, the time and circumstances of the petitioner's
acquisition of the right, title, or interest in the property, any
additional facts supporting the petitioner's claim, and the relief
sought.

The hearing
on the petition shall, to the extent practicable and consistent
with the interests of justice, be held within thirty days of the
filing of the petition. The court may consolidate the hearing on
the petition with a hearing on any other petition filed by a person
other than the defendant under this subsection.

At the hearing,
the petitioner may testify and present evidence and witnesses on
his own behalf, and cross-examine witnesses who appear at the hearing.
The United States may present evidence and witnesses in rebuttal
and in defense of its claim to the property and cross-examine witnesses
who appear at the hearing. In addition to testimony and evidence
presented at the hearing, the court shall consider the relevant
portions of the record of the criminal case which resulted in the
order of forfeiture.

If, after
the hearing, the court determines that the petitioner has established
by a preponderance of the evidence that--

the petitioner
has a legal right, title, or interest in the property, and such
right, title, or interest renders the order of forfeiture invalid
in whole or in part because the right, title, or interest was
vested in the petitioner rather than the defendant or was superior
to any right, title, or interest of the defendant at the time
of the commission of the acts which gave rise to the forfeiture
of the property under this section; or

the petitioner
is a bona fide purchaser for value of the right, title, or interest
in the property and was at the time of purchase reasonable without
cause to believe that the property was subject to forfeiture
under this section;

the court shall amend the order of forfeiture in accordance with
its determination.

Following
the court's disposition of all petitions filed under this subsection,
or if no such petitions are filed following the expiration of the
period provided in paragraph (2) for the filing of such petitions,
the United States shall have clear title to property that is the
subject of the order of forfeiture and may warrant good title to
any subsequent purchaser or transferee.

Liberal construction.
The provisions of this section shall be liberally construed to effectuate
its remedial purposes.

Missing property
or property diminished in value. If any of the property described in
subsection (a), as a result of any act or omission of the defendant--

cannot be
located upon the exercise of due diligence;

has been
transferred or sold to, or deposited with, a third party;

has been placed
beyond the jurisdiction of the court;

has been
substantially diminished in value; or

has been
commingled with other property which cannot be divided without difficulty;

the court shall
order the forfeiture of any other property of the defendant up to the
value of any property described in paragraphs (1) through (5).

It shall be unlawful
for any person who has received any income derived, directly or indirectly,
from a violation of this title or title III punishable by imprisonment
for more than one year in which such person has participated as a principal
within the meaning of section 2 of title 18, United States Code [18
USCS Section 2], to use or invest, directly or indirectly, any
part of such income, or the proceeds of such income, in acquisition
of any interest in, or the establishment or operation of, any enterprise
which is engaged in, or the activities of which affect interstate or
foreign commerce. A purchase of securities on the open market for purposes
of investment, and without the intention of controlling or participating
in the control of the issuer, or of assisting another to do so, shall
not be unlawful under this section if the securities of the issuer held
by the purchaser, the members of his immediate family, and his or their
accomplices in any violation of this title or title III after such purchase
do not amount in the aggregate to 1 per centum of the outstanding securities
of any one class, and do not confer, either in law or in fact, the power
to elect one or more directors of the issuer.

Whoever violates
this section shall be fined not more than $ 50,000 or imprisoned not
more than ten years, or both.

As used in this
section, the term "enterprise" includes any individual, partnership,
corporation, association, or other legal entity, and any union or group
of individuals associated in fact although not a legal entity.

The provisions
of this section shall be liberally construed to effectuate its remedial
purposes.

In lieu of a fine otherwise authorized by this part [21 USCS Sections
841 et seq.], a defendant who derives profits or other proceeds from
an offense may be fined not more than twice the gross profits or other
proceeds.

knowingly
open or maintain any place for the purpose of manufacturing, distributing,
or using any controlled substance;

manage or
control any building, room, or enclosure, either as an owner, lessee,
agent, employee, or mortgagee, and knowingly and intentionally rent,
lease, or make available for use, with or without compensation,
the building, room, or enclosure for the purpose of unlawfully manufacturing,
storing, distributing, or using a controlled substance.

Any person who
violates subsection (a) of this section shall be sentenced to a term
of imprisonment of not more than 20 years or a fine of not more than
$ 500,000, or both, or a fine of $ 2,000,000 for a person other than
an individual.

Whoever, while manufacturing
a controlled substance in violation of this title, or attempting to do
so, or transporting or causing to be transported materials, including
chemicals, to do so, creates a substantial risk of harm to human life
shall be fined in accordance with title 18, United States Code, or imprisoned
not more than 10 years, or both.

First offense.
Except as provided in section 419 [19 USCS Section 860], any
person at least eighteen years of age who violates section 401(a)(1)
[21 USCS Section 841(a)(1)] by distributing a controlled substance
to a person under twenty-one years of age is (except as provided in
subsection (b)) subject to (1) twice the maximum punishment authorized
by section 401(b)] [21 USCS Section 841(b)], and (2) at least
twice any term of supervised release authorized by section 401(b) [21
USCS Section 841(b)], for a first offense involving the same controlled
substance and schedule. Except to the extent a greater minimum sentence
is otherwise provided by section 401(b) [21 USCS Section 841(b)],
a term of imprisonment under this subsection shall be not less than
one year. The mandatory minimum sentencing provisions of this subsection
shall not apply to offenses involving 5 grams or less of marihuana.

Second offense.
Except as provided in section 419 [19 USCS Section 860], any
person at least eighteen years of age who violates section 401(a)(1)
[21 USCS Section 841(a)(1)] by distributing a controlled substance
to a person under twenty-one years of age after a prior conviction under
subsection (a) of this section (or under section 303(b)(2) of the Federal
Food, Drug, and Cosmetic Act as in effect prior to the effective date
of section 701(b) of this Act) has become final, is subject to (1) three
times the maximum punishment authorized by section 401(b) [21 USCS
Section 841(b)], and (2) at least three times any special parole
term authorized by section 401(b) [21 USCS Section 841(b)],
for a second or subsequent offense involving the same controlled substance
and schedule. Except to the extent a greater minimum sentence is otherwise
provided by section 401(b) [21 USCS Section 841(b)], a term
of imprisonment under this subsection shall be not less than one year.
Penalties for third and subsequent convictions shall be governed by
section 401(b)(1)(A) [21 USCS Section 841(b)(1)(A)].

Any person who
violates section 401(a)(1) or section 416 [21 USCS Section 841(a)(1)
or 856] by distributing, possessing with intent to distribute, or manufacturing
a controlled substance in or on, or within one thousand feet of, the
real property comprising a public or private elementary, vocational,
or secondary school or a public or private college, junior college,
or university, or a playground, or housing facility owned by a public
housing authority, or within 100 feet of a public or private youth center,
public swimming pool, or video arcade facility, is (except as provided
in subsection (b)) subject to (1) twice the maximum punishment authorized
by section 401(b) [21 USCS Section 841(b)], and (2) at least
twice any term of supervised release authorized by section 401(b) [21
USCS Section 841(b)] for a first offense. A fine up to twice that
authorized by section 401(b) [21 USCS Section 841(b)] may be
imposed in addition to any term of imprisonment authorized by this subsection.
Except to the extent a greater minimum sentence is otherwise provided
by section 401(b) [21 USCS Section 841(b)], a person shall
be sentenced under this subsection to a term of imprisonment of not
less than one year. The mandatory minimum sentencing provisions of this
paragraph shall not apply to offenses involving 5 grams or less of marihuana.

Any person who
violates section 401(a)(1) or section 416 [21 USCS Section 841(a)(1)
or 856] by distributing, possessing with intent to distribute, or manufacturing
a controlled substance in or on, or within one thousand feet of, the
real property comprising a public or private elementary, vocational,
or secondary school or a public or private college, junior college,
or university, or a playground, or housing facility owned by a public
housing authority, or within 100 feet of a public or private youth center,
public swimming pool, or video arcade facility, after a prior conviction
under subsection (a) has become final is punishable (1) by the greater
of (A) a term of imprisonment of not less than three years and not more
than life imprisonment or (B) three times the maximum punishment authorized
by section 401(b) [21 USCS Section 841(b)] for a first offense
and (2) at least three times any term of supervised release authorized
by section 401(b) of this title [21 USCS Section 841(b)] for
a first offense. A fine up to three times that authorized by section
401(b) [21 USCS Section 841(b)] may be imposed in addition
to any term of imprisonment authorized by this subsection. Except to
the extent a greater minimum sentence is otherwise provided by section
401(b) [21 USCS Section 841(b)], a person shall be sentenced
under this subsection to a term of imprisonment of not less than three
years. Penalties for third and subsequent convictions shall be governed
by section 401(b)(1)(A) [21 USCS Section 841(b)(1)(A)].

Notwithstanding
any other law, any person at least 21 years of age who knowingly and
intentionally--

employs,
hires, uses, persuades, induces, entices, or coerces a person under
18 years of age to violate this section; or

employs, hires,
uses, persuades, induces, entices, or coerces a person under 18
years of age to assist in avoiding detection or apprehension for
any offense under this section by any Federal, State, or local law
enforcement official,is punishable by a term of imprisonment, a
fine, or both, up to triple those authorized by section 401 [21
USCS Section 841].

In the case of
any mandatory minimum sentence imposed under subsection (b) [this section],
imposition or execution of such sentence shall not be suspended and
probation shall not be granted. An individual convicted under this section
shall not be eligible for parole until the individual has served the
mandatory minimum term of imprisonment as provided by this section.

For the purposes
of this section--

The term "playground"
means any outdoor facility (including any parking lot appurtenant
thereto) intended for recreation, open to the public, and with any
portion thereof containing three or more separate apparatus intended
for the recreation of children including, but not limited to, sliding
boards, swingsets, and teeterboards.

The term
"youth center" means any recreational facility and/or gymnasium
(including any parking lot appurtenant thereto), intended primarily
for use by persons under 18 years of age, which regularly provides
athletic, civic, or cultural activities.

The term
"video arcade facility" means any facility, legally accessible to
persons under 18 years of age, intended primarily for the use of
pinball and video machines for amusement containing a minimum of
ten pinball and/or video machines.

The term "swimming
pool" includes any parking lot appurtenant thereto.

Section 861. Employment
or use of persons under 18 years of age in drug operations

It shall be unlawful
for any person at least eighteen years of age to knowingly and intentionally--

employ, hire,
use, persuade, induce, entice, or coerce, a person under eighteen
years of age to violate any provision of this title or title III;

employ, hire,
use, persuade, induce, entice, or coerce, a person under eighteen
years of age to assist in avoiding detection or apprehension for
any offense of this title or title III by any Federal, State, or
local law enforcement official; or

receive a
controlled substance from a person under 18 years of age, other
than an immediate family member, in violation of this title or title
III.

Any person who
violates subsection (a) is subject to twice the maximum punishment otherwise
authorized and at least twice any term of supervised release otherwise
authorized for a first offense. Except to the extent a greater minimum
sentence is otherwise provided, a term of imprisonment under this subsection
shall not be less than one year.

Any person who
violates subsection (a) after a prior conviction under subsection (a)
of this section has become final, is subject to three times the maximum
punishment otherwise authorized and at least three times any term of
supervised release otherwise authorized for a first offense. Except
to the extent a greater minimum sentence is otherwise provided, a term
of imprisonment under this subsection shall not be less than one year.
Penalties for third and subsequent convictions shall be governed by
section 401(b)(1)(A) [21 USCS Section 841(b)(1)(A)].

Any person who
violates section 405B(a)(1) or (2)

by knowingly
providing or distributing a controlled substance or a controlled
substance analogue to any person under eighteen years of age; or

if the person
employed, hired, or used is fourteen years of age or younger, shall
be subject to a term of imprisonment for not more than five years
or a fine of not more than $ 50,000, or both, in addition to any
other punishment authorized by this section.

In any case of
any sentence imposed under this section, imposition or execution of
such sentence shall not be suspended and probation shall not be granted.
An individual convicted under this section of an offense for which a
mandatory minimum term of imprisonment is applicable shall not be eligible
for parole under section 4202 of title 18, United States Code, until
the individual has served the mandatory term of imprisonment as enhanced
by this section.

Except as authorized
by this title, it shall be unlawful for any person to knowingly or intentionally
provide or distribute any controlled substance to a pregnant individual
in violation of any provision of this title. Any person who violates
this subsection shall be subject to the provisions of subsections (b),
(c), and (e).

Any individual
who is convicted of any Federal or State offense consisting of the
distribution of controlled substances shall--

at the
discretion of the court, upon the first conviction for such
an offense be ineligible for any or all Federal benefits for
up to 5 years after such conviction;

at the
discretion of the court, upon a second conviction for such an
offense be ineligible for any or all Federal benefits for up
to 10 years after such conviction; and

upon a
third or subsequent conviction for such an offense be permanently
ineligible for all Federal benefits.

The benefits
which are denied under this subsection shall not include benefits
relating to long-term drug treatment programs for addiction for
any person who, if there is a reasonable body of evidence to substantiate
such declaration, declares himself to be an addict and submits himself
to a long-term treatment program for addiction, or is deemed to
be rehabilitated pursuant to rules established by the Secretary
of Health and Human Services.

Drug possessors.

Any individual
who is convicted of any Federal or State offense involving the possession
of a controlled substance (as such term is defined for purposes
of the Controlled Substances Act) shall--

upon
the first conviction for such an offense and at the discretion
of the court--

be
ineligible for any or all Federal benefits for up to one
year;

be
required to successfully complete an approved drug treatment
program which includes periodic testing to insure that the
individual remains drug free;

be
required to perform appropriate community service; or

any
combination of clauses (i), (ii), or (iii); and (B) upon
a second or subsequent conviction for such an offense be
ineligible for all Federal benefits for up to 5 years after
such conviction as determined by the court. The court shall
continue to have the discretion in subparagraph (A) above.
In imposing penalties and conditions under subparagraph
(A), the court may require that the completion of the conditions
imposed by clause (ii) or (iii) be a requirement for the
reinstatement of benefits under clause (i).

The penalties
and conditions which may be imposed under this subsection shall
be waived in the case of a person who, if there is a reasonable
body of evidence to substantiate such declaration, declares himself
to be an addict and submits himself to a long-term treatment program
for addiction, or is deemed to be rehabilitated pursuant to rules
established by the Secretary of Health and Human Services.

Suspension of
period of ineligibility. The period of ineligibility referred to in
subsections (a) and (b) shall be suspended if the individual--

completes
a supervised drug rehabilitation program after becoming ineligible
under this section;

has otherwise
been rehabilitated; or

has made
a good faith effort to gain admission to a supervised drug rehabilitation
program, but is unable to do so because of inaccessibility or unavailability
of such a program, or the inability of the individual to pay for
such a program.

Definitions. As
used in this section--

the term
"Federal benefit"--

means
the issuance of any grant, contract, loan, professional license,
or commercial license provided by an agency of the United States
or by appropriated funds of the United States; and

does not
include any retirement, welfare, Social Security, health, disability,
veterans benefit, public housing, or other similar benefit,
or any other benefit for which payments or services are required
for eligibility; and

the term
"veterans benefit" means all benefits provided to veterans, their
families, or survivors by virtue of the service of a veteran in
the Armed Forces of the United States.

Inapplicability
of this section to government witnesses. The penalties provided by this
section shall not apply to any individual who cooperates or testifies
with the Government in the prosecution of a Federal or State offense
or who is in a Government witness protection program.

Indian provision.
Nothing in this section shall be construed to affect the obligation
of the United States to any Indian or Indian tribe arising out of any
treaty, statute, Executive order, or the trust responsibility of the
United States owing to such Indian or Indian tribe. Nothing in this
subsection shall exempt any individual Indian from the sanctions provided
for in this section, provided that no individual Indian shall be denied
any benefit under Federal Indian programs comparable to those described
in subection (d)(1)(B) or (d)(2) above.

Presidential
report.

On or before
May 1, 1989, the President shall transmit to the Congress a report--

delineating
the role of State courts in implementing this section;

describing
the manner in which Federal agencies will implement and enforce
the requirements of this section;

detailing
the means by which Federal and State agencies, courts, and law
enforcement agencies will exchange and share the data and information
necessary to implement and enforce the withholding of Federal
benefits; and

recommending
any modifications to improve the administration of this section
or otherwise achieve the goal of discouraging the trafficking
and possession of controlled substances.

No later
than September 1, 1989, the Congress shall consider the report of
the President and enact such changes as it deems appropriate to
further the goals of this section.

Effective date.
The denial of Federal benefits set forth in this section shall take
effect for convictions occurring after September 1, 1989.

to use the
mails or any other facility of interstate commerce to transport
drug paraphernalia; or

to import
or export drug paraphernalia.

Anyone convicted
of an offense under subsection (a) of this section shall be imprisoned
for not more than three years and fined under title 18, United States
Code.

Any drug paraphernalia
involved in any violation of subsection (a) of this section shall be
subject to seizure and forfeiture upon the conviction of a person for
such violation. Any such paraphernalia shall be delivered to the Administrator
of General Services, General Services Administration, who may order
such paraphernalia destroyed or may authorize its use for law enforcement
or educational purposes by Federal, State, or local authorities.

The term "drug
paraphernalia" means any equipment, product, or material of any kind
which is primarily intended or designed for use in manufacturing, compounding,
converting, concealing, producing, processing, preparing, injecting,
ingesting, inhaling, or otherwise introducing into the human body a
controlled substance, possession of which is unlawful under the Controlled
Substances Act (title II of Public Law 91-513). It includes items primarily
intended or designed for use in ingesting, inhaling, or otherwise introducing
marijuana, cocaine, hashish, hashish oil, PCP, or amphetamines into
the human body, such as--

In determining
whether an item constitutes drug paraphernalia, in addition to all other
logically relevant factors, the following may be considered:

instructions,
oral or written, provided with the item concerning its use;

descriptive
materials accompanying the item which explain or depict its use;

national
and local advertising concerning its use;

the manner
in which the item is displayed for sale;

whether the
owner, or anyone in control of the item, is a legitimate supplier
of like or related items to the community, such as a licensed distributor
or dealer of tobacco products;

direct or
circumstantial evidence of the ratio of sales of the item(s) to
the total sales of the business enterprise;

the existence
and scope of legitimate uses of the item in the community; and

expert testimony
concerning its use.

This section shall
not apply to--

any person
authorized by local, State, or Federal law to manufacture, possess,
or distribute such items; or

any item
that, in the normal lawful course of business, is imported, exported,
transported, or sold through the mail or by any other means, and
traditionally intended for use with tobacco products, including
any pipe, paper, or accessory.

Delegation of
functions. The Attorney General may delegate any of his functions under
this title to any officer or employee of the Department of Justice.

Rules and regulations.
The Attorney General may promulgate and enforce any rules, regulations,
and procedures which he may deem necessary and appropriate for the efficient
execution of his functions under this title.

Acceptance of
devises, bequests, gifts, and donations. The Attorney General may accept
in the name of the Department of Justice any form of devise, bequest,
gift, or donation where the donor intends to donate property for the
purpose of preventing or controlling the abuse of controlled substances.
He may take all appropriate steps to secure possession of such property
and may sell, assign, transfer, or convey any such property other than
moneys.

Authorization.
The Attorney General is authorized to carry out educational and research
programs directly related to enforcement of the laws under his jurisdiction
concerning drugs or other substances which are or may be subject to
control under this title. Such programs may include--

educational
and training programs on drug abuse and controlled substances law
enforcement for local, State, and Federal personnel;

studies or
special projects designed to compare the deterrent effects of various
enforcement strategies on drug use and abuse;

studies or
special projects designed to assess and detect accurately the presence
in the human body of drugs or other substances which are or may
be subject to control under this title, including the development
of rapid field identification methods which would enable agents
to detect microquantities of such drugs or other substances;

studies or
special projects designed to evaluate the nature and sources of
the supply of illegal drugs throughout the country;

studies or
special projects to develop more effective methods to prevent diversion
of controlled substances into illegal channels; and

studies or
special projects to develop information necessary to carry out his
functions under section 201 of this title [21 USCS Section 811].

Contracts. The
Attorney General may enter into contracts for such educational and research
activities without performance bonds and without regard to section 3709
of the Revised Statutes (41 U.S.C. 5) [41 USCS Section
5].

Identification
of research populations; authorization to withhold. The Attorney General
may authorize persons engaged in research to withhold the names and
other identifying characteristics of persons who are the subjects of
such research. Persons who obtain this authorization may not be compelled
in any Federal, State, or local civil, criminal, administrative, legislative,
or other proceeding to identify the subjects of research for which such
authorization was obtained.

Affect of treaties
and other international agreements on confidentiality. Nothing in the
Single Convention on Narcotic Drugs, the Convention on Psychotropic
Substances, or other treaties or international agreements shall be construed
to limit, modify, or prevent the protection of the confidentiality of
patient records or of the names and other identifying characteristics
of research subjects as provided by any Federal, State, or local law
or regulation.

Use of controlled
substances in research. The Attorney General, on his own motion or at
the request of the Secretary, may authorize the possession, distribution,
and dispensing of controlled substances by persons engaged in research.
Persons who obtain this authorization shall be exempt from State or
Federal prosecution for possession, distribution, and dispensing of
controlled substances to the extent authorized by the Attorney General.

The Attorney General
shall maintain an active program, both domestic and international, to
curtail the diversion of precursor chemicals and essential chemicals
used in the illicit manufacture of controlled substances.

Cooperation of
Attorney General with local, State, and Federal agencies. The Attorney
General shall cooperate with local, State, and Federal agencies concerning
traffic in controlled substances and in suppressing the abuse of controlled
substances. To this end, he is authorized to--

arrange for
the exchange of information between governmental officials concerning
the use and abuse of controlled substances;

cooperate
in the institution and prosecution of cases in the courts of the
United States and before the licensing boards and courts of the
several States;

maintain in
the Department of Justice a unit which will accept, catalog, file,
and otherwise utilize all information and statistics, including
records of controlled substance abusers and other controlled substance
law offenders, which may be received from Federal, State, and local
agencies, and make such information available for Federal, State,
and local law enforcement purposes;

conduct programs
of eradication aimed at destroying wild or illicit growth of plant
species from which controlled substances may be extracted;

assist State
and local governments in suppressing the diversion of controlled
substances from legitimate medical, scientific, and commercial channels
by--

making
periodic assessments of the capabilities of State and local
governments to adequately control the diversion of controlled
substances;

providing
advice and counsel to State and local governments on the methods
by which such governments may strengthen their controls against
diversion; and

establishing
cooperative investigative efforts to control diversion; and

notwithstanding
any other provision of law, enter into contractual agreements with
State and local law enforcement agencies to provide for cooperative
enforcement and regulatory activities under this Act.

Requests by Attorney
General for assistance from Federal agencies or instrumentalities. When
requested by the Attorney General, it shall be the duty of any agency
or instrumentality of the Federal Government to furnish assistance,
including technical advice, to him for carrying out his functions under
this title; except that no such agency or instrumentality shall be required
to furnish the name of, or other identifying information about, a patient
or research subject whose identity it has undertaken to keep confidential.

Descriptive and
analytic reports by Attorney General to State agencies of distribution
patterns of schedule II substances having highest rates of abuse. The
Attorney General shall annually (1) select the controlled substance
(or controlled substances) contained in schedule II which, in the Attorney
General's discretion, is determined to have the highest rate of abuse,
and (2) prepare and make available to regulatory, licensing, and law
enforcement agencies of States descriptive and analytic reports on the
actual distribution patterns in such States of each such controlled
substance.

Grants.

The Attorney
General may make grants, in accordance with paragraph (2), to State
and local governments to assist in meeting the costs of--

collecting
and analyzing data on the diversion of controlled substances,

conducting
investigations and prosecutions of such diversions,

improving
regulatory controls and other authorities to control such diversions,

programs
to prevent such diversions,

preventing
and detecting forged prescriptions, and

training
law enforcement and regulatory personnel to improve the control
of such diversions.

No grant
may be made under paragraph (1) unless an application therefor is
submitted to the Attorney General in such form and manner as the
Attorney General may prescribe. No grant may exceed 80 per centum
of the costs for which the grant is made, and no grant may be made
unless the recipient of the grant provides assurances satisfactory
to the Attorney General that it will obligate funds to meet the
remaining 20 per centum of such costs. The Attorney General shall
review the activities carried out with grants under paragraph (1)
and shall report annually to Congress on such activities.

To carry
out this subsection there is authorized to be appropriated $ 6,000,000
for fiscal year 1985 and $ 6,000,000 for fiscal year 1986.

The Attorney General
may from time to time appoint committees to advise him with respect to
preventing and controlling the abuse of controlled substances. Members
of the committees may be entitled to receive compensation at the rate
of $ 100 for each day (including traveltime) during which they are engaged
in the actual performance of duties. While traveling on official business
in the performance of duties for the committees, members of the committees
shall be allowed expenses of travel, including per diem instead of subsistence,
in accordance with subchapter I of chapter 57 of title 5, United States
Code [5 USCS Sections 5701 et seq.].

Power of Attorney
General. In carrying out his functions under this title, the Attorney
General may hold hearings, sign and issue subpoenas, administer oaths,
examine witnesses, and receive evidence at any place in the United States.

Procedures applicable.
Except as otherwise provided in this title, notice shall be given and
hearings shall be conducted under appropriate procedures of subchapter
II of chapter 5, title 5, United States Code [5 USCS Sections 551 et seq.].

Authorization
of use by Attorney General. In any investigation relating to his functions
under this title with respect to controlled substances, listed chemicals,
tableting machines, or encapsulating machines, the Attorney General
may subpoena witnesses, compel the attendance and testimony of witnesses,
and require the production of any records (including books, papers,
documents, and other tangible things which constitute or contain evidence)
which the Attorney General finds relevant or material to the investigation.
The attendance of witnesses and the production of records may be required
from any place in any State or in any territory or other place subject
to the jurisdiction of the United States at any designated place of
hearing; except that a witness shall not be required to appear at any
hearing more than 500 miles distant from the place where he was served
with a subpoena. Witnesses summoned under this section shall be paid
the same fees and mileage that are paid witnesses in the courts of the
United States.

Service. A subpoena
issued under this section may be served by any person designated in
the subpoena to serve it. Service upon a natural person may be made
by personal delivery of the subpoena to him. Service may be made upon
a domestic or foreign corporation or upon a partnership or other unincorporated
association which is subject to suit under a common name, by delivering
the subpoena to an officer, to a managing or general agent, or to any
other agent authorized by appointment or by law to receive service of
process. The affidavit of the person serving the subpoena entered on
a true copy thereof by the person serving it shall be proof of service.

Enforcement.
In the case of contumacy by or refusal to obey a subpoena issued to
any person, the Attorney General may invoke the aid of any court of
the United States within the jurisidiction of which the investigation
is carried on or of which the subpenaed person is an inhabitant, or
in which he carries on business or may be found, to compel compliance
with the subpoena. The court may issue an order requiring the subpenaed
person to appear before the Attorney General to produce records, if
so ordered, or to give testimony touching the matter under investigation.
Any failure to obey the order of the court may be punished by the court
as a contempt thereof. All process in any such case may be served in
any judicial district in which such person may be found.

All final determinations,
findings, and conclusions of the Attorney General under this title shall
be final and conclusive decisions of the matters involved, except that
any person aggrieved by a final decision of the Attorney General may obtain
review of the decision in the United States Court of Appeals for the District
of Columbia or for the circuit in which his principal place of business
is located upon petition filed with the court and delivered to the Attorney
General within thirty days after notice of the decision. Findings of fact
by the Attorney General, if supported by substantial evidence, shall be
conclusive.

Any officer or
employee of the Drug Enforcement Administration or any State or local
law enforcement officer designated by the Attorney General may--

carry firearms;

execute and
serve search warrants, arrest warrants, administrative inspection
warrants, subpoenas, and summonses issued under the authority of
the United States;

make arrests
without warrant (A) for any offense against the United States committed
in his presence, or (B) for any felony, cognizable under the laws
of the United States, if he has probable cause to believe that the
person to be arrested has committed or is committing a felony;

make seizures
of property pursuant to the provisions of this title; and

perform such
other law enforcement duties as the Attorney General may designate.

State and local
law enforcement officers performing functions under this section shall
not be deemed Federal employees and shall not be subject to provisions
of law relating to Federal employees, except that such officers shall
be subject to section 3374(c) of title 5, United States Code.

A search warrant
relating to offenses involving controlled substances may be served at
any time of the day or night if the judge or United States magistrate
issuing the warrant is satisfied that there is probable cause to believe
that grounds exist for the warrant and for its service at such time.

"Controlled premises"
defined. As used in this section, the term "controlled premises" means--

places where
original or other records or documents required under this title
are kept or required to be kept, and

places, including
factories, warehouses, and other establishments, and conveyances,
where persons registered under section 303 (or exempt from registration
under section 302(d) [21 USCS Section 822(d)] or by regulation
of the Attorney General) or regulated persons may lawfully hold,
manufacture, distribute, dispense, administer, or otherwise dispose
of controlled substances or listed chemicals or where records relating
to those activities are maintained.

Grant of authority;
scope of inspection.

For the purpose
of inspecting, copying, and verifying the correctness of records,
reports, or other documents required to be kept or made under this
title and otherwise facilitating the carrying out of his functions
under this title, the Attorney General is authorized, in accordance
with this section, to enter controlled premises and to conduct administrative
inspections thereof, and of the things specified in this section,
relevant to those functions.

Such entries
and inspections shall be carried out through officers or employees
(hereinafter referred to as "inspectors") designated by the Attorney
General. Any such inspector, upon stating his purpose and presenting
to the owner, operator, or agent in charge of such premises (A)
appropriate credentials and (B) a written notice of his inspection
authority (which notice in the case of an inspection requiring,
or in fact supported by, an administrative inspection warrant shall
consist of such warrant), shall have the right to enter such premises
and conduct such inspection at reasonable times.

Except as
may otherwise be indicated in an applicable inspection warrant,
the inspector shall have the right--

to inspect
and copy records, reports, and other documents required to be
kept or made under this title;

to inspect,
within reasonable limits and in a reasonable manner, controlled
premises and all pertinent equipment, finished and unfinished
drugs, listed chemicals, and other substances or materials,
containers, and labeling found therein, and, except as provided
in paragraph (4) of this subsection, all other things therein
(including records, files, papers, processes, controls, and
facilities) appropriate for verification of the records, reports,
and documents referred to in clause (A) or otherwise bearing
on the provisions of this title; and

to inventory
any stock of any controlled substance or listed chemical therein
and obtain samples of any such substance or chemical.

Except when
the owner, operator, or agent in charge of the controlled premises
so consents in writing, no inspection authorized by this section
shall extend to--

financial
data;

sales
data other than shipment data; or

pricing
data.

Situations not
requiring warrants. A warrant under this section shall not be required
for the inspection of books and records pursuant to an administrative
subpoena issued in accordance with section 506 [21 USCS Section
876], nor for entries and administrative inspections (including
seizures of property)--

with the
consent of the owner, operator, or agent in charge of the controlled
premises;

in situations
presenting imminent danger to health or safety;

in situations
involving inspection of conveyances where there is reasonable cause
to believe that the mobility of the conveyance makes it impracticable
to obtain a warrant;

in any other
exceptional or emergency circumstance where time or opportunity
to apply for a warrant is lacking; or

in any other
situations where a warrant is not constitutionally required.

Any judge
of the United States or of a State court of record, or any United
States magistrate, may, within his territorial jurisdiction, and
upon proper oath or affirmation showing probable cause, issue warrants
for the purpose of conducting administrative inspections authorized
by this title or regulations thereunder, and seizures of property
appropriate to such inspections. For the purposes of this section,
the term "probable cause" means a valid public interest in the effective
enforcement of this title or regulations thereunder sufficient to
justify administrative inspections of the area, premises, building,
or conveyance, or contents thereof, in the circumstances specified
in the application for the warrant.

A warrant
shall issue only upon an affidavit of an officer or employee having
knowledge of the facts alleged, sworn to before the judge or magistrate
and establishing the grounds for issuing the warrant. If the judge
or magistrate is satisfied that grounds for the application exist
or that there is probable cause to believe they exist, he shall
issue a warrant identifying the area, premises, building, or conveyance
to be inspected, the purpose of such inspection, and, where appropriate,
the type of property to be inspected, if any. The warrant shall
identify the items or types of property to be seized, if any. The
warrant shall be directed to a person authorized under subsection
(b)(2) to execute it. The warrant shall state the grounds for its
issuance and the name of the person or persons whose affidavit has
been taken in support thereof. It shall command the person to whom
it is directed to inspect the area, premises, building, or conveyance
identified for the purpose specified, and, where appropriate, shall
direct the seizure of the property specified. The warrant shall
direct that it be served during normal business hours. It shall
designate the judge or magistrate to whom it shall be returned.

A warrant
issued purusant to this section must be executed and returned within
ten days of its date unless, upon a showing by the United States
of a need therefor, the judge or magistrate allows additional time
in the warrant. If property is seized pursuant to a warrant, the
person executing the warrant shall give to the person from whom
or from whose premises the property was taken a copy of the warrant
and a receipt for the property taken or shall leave the copy and
receipt at the place from which the property was taken. The return
of the warrant shall be made promptly and shall be accompanied by
a written inventory of any property taken. The inventory shall be
made in the presence of the person executing the warrant and of
the person from whose possession or premises the property was taken,
if they are present or in the presence of at least one credible
person other than the person making such inventory, and shall be
verified by the person executing the warrant. The judge or magistrate,
upon request, shall deliver a copy of the inventory to the person
from whom or from whose premises the property was taken and to the
applicant for the warrant.

The judge
or magistrate who has issued a warrant under this section shall
attach to the warrant a copy of the return and all papers filed
in connection therewith and shall file them with the clerk of the
district court of the United States for the judicial district in
which the inspection was made.

Subject property.
The following shall be subject to forfeiture to the United States and
no property right shall exist in them:

All controlled
substances which have been manufactured, distributed, dispensed,
or acquired in violation of this title.

All raw materials,
products, and equipment of any kind which are used, or intended
for use, in manufacturing, compounding, processing, delivering,
importing, or exporting any controlled substance in violation of
this title.

All property
which is used, or intended for use, as a container for property
described in paragraph (1), (2), or (9).

All conveyances,
including aircraft, vehicles, or vessels, which are used, or are
intended for use, to transport, or in any manner to facilitate the
transportation, sale, receipt, possession, or concealment of property
described in paragraph (1), (2), or (9), except that--

no conveyance
used by any person as a common carrier in the transaction of
business as a common carrier shall be forfeited under the provisions
of this section unless it shall appear that the owner or other
person in charge of such conveyance was a consenting party or
privy to a violation of this title or title III;

no conveyance
shall be forfeited under the provisions of this section by reason
of any act or omission established by the owner thereof to have
been committed or omitted by any person other than such owner
while such conveyance was unlawfully in the possession of a
person other than the owner in violation of the criminal laws
of the United States, or of any State; and

no conveyance
shall be forfeited under this paragraph to the extent of an
interest of an owner, by reason of any act or omission established
by that owner to have been committed or omitted without the
knowledge, consent, or willful blindness of the owner.

All books,
records, and research, including formulas, microfilm, tapes, and
data which are used, or intended for use, in violation of this title.

All moneys,
negotiable instruments, securities, or other things of value furnished
or intended to be furnished by any person in exchange for a controlled
substance in violation of this title, all proceeds traceable to
such an exchange, and all moneys, negotiable instruments, and securities
used or intended to be used to facilitate any violation of this
title, except that no property shall be forfeited under this paragraph,
to the extent of the interest of an owner, by reason of any act
or omission established by that owner to have been committed or
omitted without the knowledge or consent of that owner.

All real property,
including any right, title, and interest (including any leasehold
interest) in the whole of any lot or tract of land and any appurtenances
or improvements, which is used, or intended to be used, in any manner
or part, to commit, or to facilitate the commission of, a violation
of this title punishable by more than one year's imprisonment, except
that no property shall be forfeited under this paragraph, to the
extent of an interest of an owner, by reason of any act or omission
established by that owner to have been committed or omitted without
the knowledge or consent of that owner.

All controlled
substances which have been possessed in violation of this title.

All listed
chemicals, all drug manufacturing equipment, all tableting machines,
all encapsulating machines, and all gelatin capsules, which have
been imported, exported, manufactured, possessed, distributed, or
intended to be distributed, imported, or exported, in violation
of a felony provision of this title or title III.

Any drug paraphernalia
(as defined in section 1822 of the Mail Order Drug Paraphernalia
Control Act [21 USCS Section 857]).

Any firearm
(as defined in section 921 of title 18, United States Code) used
or intended to be used to facilitate the transportation, sale, receipt,
possession, or concealment of property described in paragraph (1)
or (2) and any proceeds traceable to such property.

Seizure pursuant
to Supplemental Rules for Certain Admiralty and Maritime Claims. Any
property subject to civil forfeiture to the United States under this
title may be seized by the Attorney General upon process issued pursuant
to the Supplemental Rules for Certain Admiralty and Maritime Claims
by any district court of the United States having jurisdiction over
the property, except that seizure without such process may be made when--

the seizure
is incident to an arrest or a search under a search warrant or an
inspection under an administrative inspection warrant;

the property
subject to seizure has been the subject of a prior judgment in favor
of the United States in a criminal injunction or forfeiture proceeding
under this title;

the Attorney
General has probable cause to believe that the property is directly
or indirectly dangerous to health or safety; or

the Attorney
General has probable cause to believe that the property is subject
to civil forfeiture under this title.

In the event of seizure pursuant to paragraph (3) or (4) of this subsection,
proceedings under subsection (d) of this section shall be instituted
promptly.

The Government may request the issuance of a warrant authorizing the
seizure of property subject to forfeiture under this section in the
same manner as provided for a search warrant under the Federal Rules
of Criminal Procedure.

Custody of Attorney
General. Property taken or detained under this section shall not be
repleviable, but shall be deemed to be in the custody of the Attorney
General, subject only to the orders and decrees of the court or the
official having jurisdiction thereof. Whenever property is seized under
any of the provisions of this title, the Attorney General may--

place the
property under seal;

remove the
property to a place designated by him; or

require that
the General Services Administration take custody of the property
and remove it, if practicable, to an appropriate location for disposition
in accordance with law.

summary and judicial
forfeiture, and condemnation of property for violation of the customs
laws; the disposition of such property or the proceeds from the sale
thereof; the remission or mitigation of such forfeitures; and the compromise
of claims shall apply to seizures and forfeitures incurred, or alleged
to have been incurred, under any of the provisions of this title, insofar
as applicable and not inconsistent with the provisions hereof; except
that such duties as are imposed upon the customs officer or any other
person with respect to the seizure and forfeiture of property under
the customs laws shall be performed with respect to seizures and forfeitures
of property under this title by such officers, agents, or other persons
as may be authorized or designated for that purpose by the Attorney
General, except to the extent that such duties arise from seizures and
forfeitures effected by any customs officer.

Disposition of
forfeited property.

Whenever
property is civilly or criminally forfeited under this title the
Attorney General may--

retain
the property for official use or, in the manner provided with
respect to transfers under section 616 of the Tariff Act of
1930, transfer the property to any Federal agency or to any
State or local law enforcement agency which participated directly
in the seizure or forfeiture of the property;

except
as provided in paragraph (4), sell, by public sale or any other
commercially feasible means, any forfeited property which is
not required to be destroyed by law and which is not harmful
to the public;

require
that the General Services Administration take custody of the
property and dispose of it in accordance with law;

forward
it to the Bureau of Narcotics and Dangerous Drugs for disposition
(including delivery for medical or scientific use to any Federal
or State agency under regulations of the Attorney General);
or

transfer
the forfeited personal property or the proceeds of the sale
of any forfeited personal or real property to any foreign country
which participated directly or indirectly in the seizure or
forfeiture of the property, if such a transfer--

has
been agreed to by the Secretary of State;

is
authorized in an international agreement between the United
States and the foreign country; and

is
made to a country which, if applicable, has been certified
under section 490(b) of the Foreign Assistance Act of 1961
[22 USCS Section 2291j(b)].

The proceeds
from any sale under subparagraph (B) of paragraph (1) and any
moneys forfeited under this title shall be used to pay--

all
property expenses of the proceedings for forfeiture and
sale including expenses of seizure, maintenance of custody,
advertising, and court costs; and

awards
of up to $ 100,000 to any individual who provides original
information which leads to the arrest and conviction of
a person who kills or kidnaps a Federal drug law enforcement
agent. Any award paid for information concerning the killing
or kidnapping of a Federal drug law enforcement agent, as
provided in clause (ii), shall be paid at the discretion
of the Attorney General.

The Attorney
General shall forward to the Treasurer of the United States
for deposit in accordance with section 524(c) of title 28, United
States Code, any amounts of such moneys and proceeds remaining
after payment of the expenses provided in subparagraph (A),
except that, with respect to forfeitures conducted by the Postal
Service, the Postal Service shall deposit in the Postal Service
Fund, under section 2003(b)(7) of title 39, United States Code,
such moneys and proceeds.

The Attorney
General shall assure that any property transferred to a State or
local law enforcement agency under paragraph (1)(A)--

has a
value that bears a reasonable relationship to the degree of
direct participation of the State or local agency in the law
enforcement effort resulting in the forfeiture, taking into
account the total value of all property forfeited and the total
law enforcement effort with respect to the violation of law
on which the forfeiture is based; and

will
serve to encourage further cooperation between the recipient
State or local agency and Federal law enforcement agencies.

With
respect to real property described in subparagraph (B), if the
chief executive officer of the State involved submits to the
Attorney General a request for purposes of such subparagraph,
the authority established in such subparagraph is in lieu of
the authority established in paragraph (1)(B).

In the
case of property described in paragraph (1)(B) that is civilly
or criminally forfeited under this title, if the property is
real property that is appropriate for use as a public area reserved
for recreational or historic purposes or for the preservation
of natural conditions, the Attorney General, upon the request
of the chief executive officer of the State in which the property
is located, may transfer title to the property to the State,
either without charge or for a nominal charge, through a legal
instrument providing that--

such
use will be the principal use of the property; and

title
to the property reverts to the United States in the event
that the property is used otherwise.

Forfeiture of
schedule I or II substances.

All controlled
substances in schedule I or II that are possessed, transferred,
sold, or offered for sale in violation of the provisions of this
title; all dangerous, toxic, or hazardous raw materials or products
subject to forfeiture under subsection (a)(2) of this section; and
any equipment or container subject to forfeiture under subsection
(a)(2) or (3) which cannot be separated safely from such raw materials
or products shall be deemed contraband and seized and summarily
forfeited to the United States. Similarly, all substances in schedule
I or II, which are seized or come into the possession of the United
States, the owners of which are unknown, shall be deemed contraband
and summarily forfeited to the United States.

The Attorney
General may direct the destruction of all controlled substances
in schedule I or II seized for violation of this title; all dangerous,
toxic, or hazardous raw materials or products subject to forfeiture
under subsection (a)(2) of this section; and any equipment or container
subject to forfeiture under subsection (a)(2) or (3) which cannot
be separated safely from such raw materials or products under such
circumstances as the Attorney General may deem necessary.

Plants.

All species
of plants from which controlled substances in schedules I and II
may be derived which have been planted or cultivated in violation
of this title, or of which the owners or cultivators are unknown,
or which are wild growths, may be seized and summarily forfeited
to the United States.

The failure,
upon demand by the Attorney General or his duly authorized agent,
of the person in occupancy or in control of land or premises upon
which such species of plants are growing or being stored, to produce
an appropriate registration, or proof that he is the holder thereof,
shall constitute authority for the seizure and forfeiture.

The Attorney
General, or his duly authorized agent, shall have authority to enter
upon any lands, or into any dwelling pursuant to a search warrant,
to cut, harvest, carry off, or destroy such plants.

Property title,
etc. vested in United States. All right, title, and interest in property
described in subsection (a) shall vest in the United States upon commission
of the act giving rise to forfeiture under this section.

Stay of civil
proceeding. The filing of an indictment or information alleging a violation
of this title or title III, or a violation of State or local law that
could have been charged under this title or title III, which is also
related to a civil forfeiture proceeding under this section shall, upon
motion of the United States and for good cause shown, stay the civil
forfeiture proceeding.

Venue. In addition
to the venue provided for in section 1395 of title 28, United States
Code, or any other provision of law, in the case of property of a defendant
charged with a violation that is the basis for forfeiture of the property
under this section, a proceeding for forfeiture under this section may
be brought in the judicial district in which the defendant owning such
property is found or in the judicial district in which the criminal
prosecution is brought.

( L.) Functions.
The functions of the Attorney General under this section shall be carried
out by the Postal Service pursuant to such agreement as may be entered
into between the Attorney General and the Postal Service.

Jurisdiction.
The district courts of the United States and all courts exercising general
jurisdiction in the territories and possessions of the United States
shall have jurisdiction in proceedings in accordance with the Federal
Rules of Civil Procedure to enjoin violations of this title.

Jury trial. In
case of an alleged violation of an injunction or restraining order issued
under this section, trial shall, upon demand of the accused, be by a
jury in accordance with the Federal Rules of Civil Procedure.

Before any violation
of this title is reported by the Administrator of the Drug Enforcement
Administration to any United States attorney for institution of a criminal
proceeding, the Administrator may require that the person against whom
such proceeding is contemplated be given appropriate notice and an opportunity
to present his views, either orally or in writing, with regard to such
contemplated proceeding.

Refusal to testify.
Whenever a witness refuses, on the basis of his privilege against self-incrimination,
to testify or provide other information in a proceeding before a court
or grand jury of the United States, involving a violation of this title,
and the person presiding over the proceeding communicates to the witness
an order issued under this section, the witness may not refuse to comply
with the order on the basis of his privilege against self-incrimination.
But no testimony or other information compelled under the order issued
under subsection (b) of this section or any information obtained by
the exploitation of such testimony or other information, may be used
against the witness in any criminal case, including any criminal case
brought in a court of a State, except a prosecution for perjury, giving
a false statement, or otherwise failing to comply with the order.

Order of United
States district court. In the case of any individual who has been or
may be called to testify or provide other information at any proceeding
before a court or grand jury of the United States, the United States
district court for the judicial district in which the proceeding is
or may be held shall issue, upon the request of the United States attorney
for such district, an order requiring such individual to give any testimony
or provide any other information which he refuses to give or provide
on the basis of his privilege against self-incrimination.

Request by United
States attorney. A United States attorney may, with the approval of
the Attorney General or the Deputy Attorney General, the Associate Attorney
General, or any Assistant Attorney General designated by the Attorney
General, request an order under subsection (b) when in his judgment--

the testimony
or other information from such individual may be necessary to the
public interest; and

such individual
has refused or is likely to refuse to testify or provide other information
on the basis of his privilege against self-incrimination.

It shall
not be necessary for the United States to negative any exemption
or exception set forth in this title in any complaint, information,
indictment, or other pleading or in any trial, hearing, or other
proceeding under this title, and the burden of going forward with
the evidence with respect to any such exemption or exception shall
be upon the person claiming its benefit.

In the case
of a person charged under section 404(a) [21 USCS Section 844(a)]
with the possession of a controlled substance, any label identifying
such substance for purposes of section 503(b)(2) of the Federal
Food, Drug, and Cosmetic Act [21 USCS Section 353(b)(2)]
shall be admissible in evidence and shall be prima facie evidence
that such substance was obtained pursuant to a valid prescription
from a practitioner while acting in the course of his professional
practice.

Registration and
order forms. In the absence of proof that a person is the duly authorized
holder of an appropriate registration or order form issued under this
title, he shall be presumed not to be the holder of such registration
or form, and the burden of going forward with the evidence with respect
to such registration or form shall be upon him.

Use of vehicles,
vessels, and aircraft. The burden of going forward with the evidence
to establish that a vehicle, vessel, or aircraft used in connection
with controlled substances in schedule I was used in accordance with
the provisions of this title shall be on the persons engaged in such
use.

Immunity of Federal,
State, local and other officials. Except as provided in sections 2234
and 2235 of title 18, United States Code [18 USCS Sections 2234,
2235], no civil or criminal liability shall be imposed by virtue
of this title upon any duly authorized Federal officer lawfully engaged
in the enforcement of this title, or upon any duly authorized officer
of any State, territory, political subdivision thereof, the District
of Columbia, or any possession of the United States, who shall be lawfully
engaged in the enforcement of any law or municipal ordinance relating
to controlled substances.

Payment to informers.
The Attorney General is authorized to pay any person, from funds appropriated
for the Drug Enforcement Administration, for information concerning
a violation of this title, such sum or sums of money as he may deem
appropriate, without reference to any moieties or rewards to which such
person may otherwise be entitled by law.

Reimbursement
for purchase of controlled substances. Moneys expended from appropriations
of the Drug Enforcement Administration for purchase of controlled substances
and subsequently recovered shall be reimbursed to the current appropriation
for the Bureau [Administration].

Advance of funds
for enforcement purposes. The Attorney General is authorized to direct
the advance of funds by the Treasury Department in connection with the
enforcement of this title.

Drug Pollution
Fund.

There is
established in the Treasury a trust fund to be known as the "Drug
Pollution Fund" (hereinafter referred to in this subsection as the
"Fund"), consisting of amounts appropriated or credited to such
Fund under section 401(b)(6) [21 USCS Section 841(b)(6)].

There are
hereby appropriated to the Fund amounts equivalent to the fines
imposed under section 401(b)(6) [21 USCS Section 841(b)(6)].

Amounts in
the Fund shall be available, as provided in appropriations Acts,
for the purpose of making payments in accordance with paragraph
(4) for the clean up of certain pollution resulting from the actions
referred to in section 401(b)(6) [21 USCS Section 841(b)(6)].

The Secretary
of the Treasury, after consultation with the Attorney General,
shall make payments under paragraph (3), in such amounts as
the Secretary determines appropriate, to the heads of executive
agencies or departments that meet the requirements of subparagraph
(B).

In order
to receive a payment under paragraph (3), the head of an executive
agency or department shall submit an application in such form
and containing such information as the Secretary of the Treasury
shall by regulation require. Such application shall contain
a description of the fine imposed under section 401(b)(6) [21
USCS Section 841(b)(6)], the circumstances surrounding
the imposition of such fine, and the type and severity of pollution
that resulted from the actions to which such fine applies.

For purposes
of subchapter B of chapter 98 of the Internal Revenue Code of 1986
[26 USCS Sections 9601 et seq.], the Fund established under
this paragraph shall be treated in the same manner as a trust fund
established under subchapter A of such chapter [26 USCS Sections
9501 et seq.].

There is established
in the general fund of the Treasury a separate account which shall be
known as the Diversion Control Fee Account. For fiscal year 1993 and thereafter:

There shall be
deposited as offsetting receipts into that account all fees collected
by the Drug Enforcement Administration, in excess of $ 15,000,000, for
the operation of its diversion control program.

Such amounts
as are deposited into the Diversion Control Fee Account shall remain
available until expended and shall be refunded out of that account by
the Secretary of the Treasury, at least on a quarterly basis, to reimburse
the Drug Enforcement Administration for expenses incurred in the operation
of the diversion control program.

Fees charged
by the Drug Enforcement Administration under its diversion control program
shall be set at a level that ensures the recovery of the full costs
of operating the various aspects of that program.

The amount required
to be refunded from the Diversion Control Fee Account for fiscal year
1994 and thereafter shall be refunded in accordance with estimates made
in the budget request of the Attorney General for those fiscal years.
Any proposed changes in the amounts designated in said budget requests
shall only be made after notification to the Committees on Appropriations
of the House of Representatives and the Senate fifteen days in advance.

The Attorney
General shall prepare and submit annually to the Congress, statements
of financial condition of the account, including the beginning balance,
receipts, refunds to appropriations, transfers to the general fund,
and the ending balance.

The Attorney General
and the Secretary of the Treasury shall take such action as may be necessary
to develop and maintain a joint plan to coordinate and consolidate post-seizure
administration of property seized under this title, title III, or provisions
of the customs laws relating to controlled substances.

The owner
of a conveyance may petition the Attorney General for an expedited
decision with respect to the conveyance, if the conveyance is seized
for a drug-related offense and the owner has filed the requisite
claim and cost bond in the manner provided in section 608 of the
Tariff Act of 1930 [19 USCS Section 1608]. The Attorney General
shall make a determination on a petition under this section expeditiously,
including a determination of any rights or defenses available to
the petitioner. If the Attorney General does not grant or deny a
petition under this section within 20 days after the date on which
the petition is filed, the conveyance shall be returned to the owner
pending further forfeiture proceedings.

With respect
to a petition under this section, the Attorney General may--

deny the
petition and retain possession of the conveyance;

grant
the petition, move to dismiss the forfeiture action, if filed,
and promptly release the conveyance to the owner; or

advise
the petitioner that there is not adequate information available
to determine the petition and promptly release the conveyance
to the owner.

Release of
a conveyance under subsection (a)(1) or (a)(2)(C) does not affect
any forfeiture action with respect to the conveyance.

The Attorney
General shall prescribe regulations to carry out this section.

At the time of
seizure, the officer making the seizure shall furnish to any person
in possession of the conveyance a written notice specifying the procedures
under this section. At the earliest practicable opportunity after determining
ownership of the seized conveyance, the head of the department or agency
that seizes the conveyance shall furnish a written notice to the owner
and other interested parties (including lienholders) of the legal and
factual basis of the seizure.

Not later than
60 days after a claim and cost bond have been filed under section 608
of the Tariff Act of 1930 [19 USCS Section 1608] regarding
a conveyance seized for a drug-related offense, the Attorney General
shall file a complaint for forfeiture in the appropriate district court,
except that the court may extend the period for filing for good cause
shown or on agreement of the parties. If the Attorney General does not
file a complaint as specified in the preceding sentence, the court shall
order the return of the conveyance to the owner and the forfeiture may
not take place.

Any owner of a
conveyance seized for a drug-related offense may obtain release of the
conveyance by providing security in the form of a bond to the Attorney
General in an amount equal to the value of the conveyance unless the
Attorney General determines the conveyance should be retained (1) as
contraband, (2) as evidence of a violation of law, or (3) because, by
reason of design or other characteristic, the conveyance is particularly
suited for use in illegal activities.

The term
"controlled substance" has the same meaning given such term in section
102(6) of the Controlled Substances Act (21 U.S.C. 801(6))
[21 USCS Section801(6)].

The term "Secretary"
means the Secretary of Agriculture.

The term "State"
means each of the fifty States, the District of Columbia, the Commonwealth
of Puerto Rico, Guam, the Virgin Islands of the United States, American
Samoa, the Commonwealth of the Northern Mariana Islands, or the
Trust Territory of the Pacific Islands.

Notwithstanding
any other provision of law, following the date of enactment of this
Act [enacted Dec. 23, 1985], any person who is convicted under Federal
or State law of planting, cultivation, growing, producing, harvesting,
or storing a controlled substance in any crop year shall be ineligible
for--

as to any
commodity produced during that crop year, and the four succeeding
crop years, by such person--

a loan
made, insured or guaranteed under the Consolidated Farm and
Rural Development Act (7 U.S.C. 1921 et seq.) [7
USCS Sections 1921 et seq.] or any other provision of law
administered by the Farmers Home Administration; or

a payment
made under section 4 or 5 of the Commodity Credit Corporation Charter
Act (15 U.S.C. 714b or 714c) [15 USCS Sections 714b, 714c] for the storage of an agricultural commodity that is--

produced
during that crop year, or any of the four succeeding crop years,
by such person; and

acquired
by the Commodity Credit Corporation.

Not later than
180 days after the date of enactment of this Act [enacted Dec. 23, 1985],
the Secretary shall issue such regulations as the Secretary determines
are necessary to carry out this section, including regulations that--

define the
term "person";

govern the
determination of persons who shall be ineligible for program benefits
under this section; and

If a provision of
this Act is held invalid, all valid provisions that are severable shall
remain in effect. If a provision of this Act is held invalid in one or
more of its applications, the provision shall remain in effect in all
its valid applications that are severable.

Nothing in this Act,
except this part and, to the extent of any inconsistency, sections 307(e)
and 309 of this title [21 USCS Sections 827(e), 829], shall be construed
as in any way affecting, modifying, repealing, or superseding the provisions
of the Federal Food, Drug, and Cosmetic Act [21 USCS Sections 301 et seq.].

No provision of this
title shall be construed as indicating an intent on the part of the Congress
to occupy the field in which that provision operates, including criminal
penalties, to the exclusion of any State law on the same subject matter
which would otherwise be within the authority of the State, unless there
is a positive conflict between that provision of this title and that State
law so that the two cannot consistently stand together.

Notwithstanding section
2680(k) of title 28, United States Code [28 USCS Section 2680(k)],
the Attorney General, in carrying out the functions of the Department
of Justice under this title, is authorized to pay tort claims in the manner
authorized by section 2672 of title 28, United States Code [28 USCS
Section 2672], when such claims arise in a foreign country in connection
with the operations of the Drug Enforcement Administration abroad.

This subchapter is
composed of Part A of Title III of Act Oct. 27, 1970, P.L. 91-513, 84
Stat. 1285. Part B of such Title III of such Act amends, repeals and provides
transitional matter generally classified elsewhere; for full classification,
consult USCS Tables volumes.

The term
"import" means, with respect to any article, any bringing in or
introduction of such article into any area (whether or not such
bringing in or introduction constitutes an importation within the
meaning of the tariff laws of the United States).

The term "customs
territory of the United States" has the meaning assigned to such
term by general note 2 of the Harmonized Tariff Schedule of the
United States (19 U.S.C. 1202).

Each term defined
in section 102 of title II [21 USCS Section 802] shall have
the same meaning for purposes of this title as such term has for purposes
of title II.

Controlled substances
in schedule I or II and narcotic drugs in schedule III, IV, or V; exceptions.
It shall be unlawful to import into the customs territory of the United
States from any place outside thereof (but within the United States),
or to import into the United States from any place outside thereof,
any controlled substance in schedule I or II of title II, or any narcotic
drug in schedule III, IV, or V of title II, except that--

such amounts
of crude opium, poppy straw, concentrate of poppy straw, and coca
leaves as the Attorney General finds to be necessary to provide
for medical, scientific, or other legitimate purposes, and

such amounts
of any controlled substance in schedule I or II or any narcotic
drug in schedule III, IV, or V that the Attorney General finds to
be necessary to provide for the medical, scientific, or other legitimate
needs of the United States--

during
an emergency in which domestic supplies of such substance or
drug are found by the Attorney General to be inadequate,

in any
case in which the Attorney General finds that competition among
domestic manufacturers of the controlled substance is inadequate
and will not be rendered adequate by the registration of additional
manufacturers under section 303 [21 USCS Section 823],
or

in any
case in which the Attorney General finds that such controlled
substance is in limited quantities exclusively for scientific,
analytical, or research uses,

may be so imported under such regulations as the Attorney General shall
prescribe. No crude opium may be so imported for the purpose of manufacturing
heroin or smoking opium.

Nonnarcotic controlled
substances in schedule III, IV, or V. It shall be unlawful to import
into the customs territory of the United States from any place outside
thereof (but within the United States), or to import into the United
States from any place outside thereof, any nonnarcotic controlled substance
in schedule III, IV, or V, unless such nonnarcotic controlled substance--

is imported
for medical, scientific, or other legitimate uses, and

is imported
pursuant to such notification, or declaration, or in the case of
any nonnarcotic controlled substance in schedule III, such import
permit, notification, or declaration, as the Attorney General may
by regulation prescribe, except that if a nonnarcotic controlled
substance in schedule IV or V is also listed in schedule I or II
of the Convention on Psychotropic Substances it shall be imported
pursuant to such import permit requirements, prescribed by regulation
of the Attorney General, as are required by the Convention.

Coca leaves.
In addition to the amount of coca leaves authorized to be imported into
the United States under subsection (a), the Attorney General may permit
the importation of additional amounts of coca leaves. All cocaine and
ecgonine (and all salts, derivatives, and preparations from which cocaine
or ecgonine may be synthesized or made) contained in such additional
amounts of coca leaves imported under this subsection shall be destroyed
under the supervision of an authorized representative of the Attorney
General.

Narcotic drugs
in schedule I, II, III, or IV. It shall be unlawful to export from the
United States any narcotic drug in schedule I, II, III, or IV unless--

it is exported
to a country which is a party to--

the International
Opium Convention of 1912 for the Suppression of the Abuses of
Opium, Morphine, Cocaine, and Derivative Drugs, or to the International
Opium Convention signed at Geneva on February 19, 1925; or

the Convention
for Limiting the Manufacture and Regulating the Distribution
of Narcotic Drugs concluded at Geneva, July 13, 1931, as amended
by the protocol signed at Lake Success on December 11, 1946,
and the protocol bringing under international control drugs
outside the scope of the convention of July 13, 1931, for limiting
the manufacture and regulating the distribution of narcotic
drugs (as amended by the protocol signed at Lake Success on
December 11, 1946), signed at Paris, November 19, 1948; or

the Single
Convention on Narcotic Drugs, 1961, signed at New York, March
30, 1961;

such country
has instituted and maintains, in conformity with the conventions
to which it is a party, a system for the control of imports of narcotic
drugs which the Attorney General deems adequate;

the narcotic
drug is consigned to a holder of such permits or licenses as may
be required under the laws of the country of import, and a permit
or license to import such drug has been issued by the country of
import;

substantial
evidence is furnished to the Attorney General by the exporter that
(A) the narcotic drug is to be applied exclusively to medical or
scientific uses within the country of import, and (B) there is an
actual need for the narcotic drug for medical or scientific uses
within such country; and

a permit
to export the narcotic drug in each instance has been issued by
the Attorney General.

Exception for
exportation for special scientific purposes. Notwithstanding subsection
(a), the Attorney General may authorize any narcotic drug (including
crude opium and coca leaves) in schedule I, II, III, or IV to be exported
from the United States to a country which is a party to any of the international
instruments mentioned in subsection (a) if the particular drug is to
be applied to a special scientific purpose in the country of destination
and the authorities of such country will permit the importation of the
particular drug for such purpose.

Nonnarcotic controlled
substances in schedule I or II. It shall be unlawful to export from
the United States any nonnarcotic controlled substance in schedule I
or II unless--

it is exported
to a country which has instituted and maintains a system which the
Attorney General deems adequate for the control of imports of such
substances;

the controlled
substance is consigned to a holder of such permits or licenses as
may be required under the laws of the country of import;

substantial
evidence is furnished to the Attorney General that (A) the controlled
substance is to be applied exclusively to medical, scientific, or
other legitimate uses within the country to which exported, (B)
it will not be exported from such country, and (C) there is an actual
need for the controlled substance for medical, scientific, or other
legitimate uses within the country; and

a permit
to export the controlled substance in each instance has been issued
by the Attorney General.

Exception for
exportation for special scientific purposes. Notwithstanding subsection
(c), the Attorney General may authorize any nonnarcotic controlled substance
in schedule I or II to be exported from the United States if the particular
substance is to be applied to a special scientific purpose in the country
of destination and the authorities of such country will permit the importation
of the particular drug for such purpose.

Nonnarcotic controlled
substances in schedule III or IV; controlled substances in schedule
V. It shall be unlawful to export from the United States to any other
country any nonnarcotic controlled substance in schedule III or IV or
any controlled substances in schedule V unless--

there is furnished
(before export) to the Attorney General documentary proof that importation
is not contrary to the laws or regulations of the country of destination
for consumption for medical, scientific, or other legitimate purposes;

it is exported
pursuant to such notification or declaration, or in the case of
any nonnarcotic controlled substance in schedule III, such export
permit, notification, or declaration as the Attorney General may
by regulation prescribe; and

in the case
of a nonnarcotic controlled substance in schedule IV or V which
is also listed in schedule I or II of the Convention on Psychotropic
Substances, it is exported pursuant to such export permit requirements,
prescribed by regulation of the Attorney General, as are required
by the Convention.

be imported
into the United States for transshipment to another country, or

be transferred
or transshipped from one vessel, vehicle, or aircraft to another
vessel, vehicle, or aircraft within the United States for immediate
exportation,

if and only if
it is so imported, transferred, or transshipped (i) for scientific,
medical, or other legitimate purposes in the country of destination,
and (ii) with the prior written approval of the Attorney General (which
shall be granted or denied within 21 days of the request).

A controlled
substance in schedule II, III, or IV may be so imported, transferred,
or transshipped if and only if advance notice is given to the Attorney
General in accordance with regulations of the Attorney General.

Section 955. Possession
on board vessels, etc., arriving in or departing from United States

It shall be unlawful
for any person to bring or possess on board any vessel or aircraft, or
on board any vehicle of a carrier, arriving in or departing from the United
States or the customs territory of the United States, a controlled substance
in schedule I or II or a narcotic drug in schedule III or IV, unless such
substance or drug is a part of the cargo entered in the manifest or part
of the official supplies of the vessel, aircraft, or vehicle.

Individual possessing
controlled substance. The Attorney General may by regulation exempt
from sections 1002(a) and (b), 1003, 1004, and 1005 [21 USCS Sections
952(a), (b), 953--955] any individual who has a controlled substance
(except a substance in schedule I) in his possession for his personal
medical use, or for administration to any animal accompanying him, if
he lawfully obtained such substance and he makes such declaration (or
gives such other notification) as the Attorney General may by regulation
require.

Compound, mixture,
or preparation. The Attorney General may by regulation except any compound,
mixture, or preparation containing any depressant or stimulant substance
listed in paragraph (a) or (b) of schedule III or in schedule IV or
V from the application of all or any part of this title if (1) the compound,
mixture, or preparation contains one or more active medicinal ingredients
not having a depressant or stimulant effect on the central nervous system,
and (2) such ingredients are included therein in such combinations,
quantity, proportion, or concentration as to vitiate the potential for
abuse of the substances which do have a depressant or stimulant effect
on the central nervous system.

import into
the customs territory of the United States from any place outside
thereof (but within the United States), or import into the United
States from any place outside thereof, any controlled substance
or list I chemical, or

export from
the United States any controlled substance or list I chemical,

unless there
is in effect with respect to such person a registration issued by
the Attorney General under section 1008 [21 USCS Section 958],
or unless such person is exempt from registration under subsection
(b).

Exemptions.

The following
persons shall not be required to register under the provisions of
this section and may lawfully possess a controlled substance or
list I chemical:

An agent
or an employee of any importer or exporter registered under
section 1008 [21 USCS Section 958] if such agent or
employee is acting in the usual course of his business or employment.

A common
or contract carrier or warehouseman, or an employee thereof,
whose possession of any controlled substance or list I chemical
is in the usual course of his business or employment.

An ultimate
user who possesses such substance for a purpose specified in
section 102(25) [21 USCS Section 802(25)] and in conformity
with an exemption granted under section 1006(a) [21 USCS
Section 956(a)].

The Attorney
General may, by regulation, waive the requirement for registration
of certain importers and exporters if he finds it consistent with
the public health and safety; and may authorize any such importer
or exporter to possess controlled substances or list I chemicals
for purposes of importation and exportation.

Applicants to
import or export controlled substances in schedule I or II. The Attorney
General shall register an applicant to import or export a controlled
substance in schedule I or II if he determines that such registration
is consistent with the public interest and with United States obligations
under international treaties, conventions, or protocols in effect on
the effective date of this section. In determining the public interest,
the factors enumerated in paragraphs (1) through (6) of section 303(a)
[21 USCS Section 823(a)(1)--(6)] shall be considered.

Activity limited
to specified substances. Registration granted under this section shall
not entitle a registrant to import or export controlled substances other
than specified in the registration.

Applicants to
import controlled substances in schedule III, IV, or V or to export
controlled substances in schedule III or IV.

The Attorney
General shall register an applicant to import a controlled substance
in schedule III, IV, or V or to export a controlled substance in
schedule III or IV, unless he determines that the issuance of such
registration is inconsistent with the public interest. In determining
the public interest, the factors enumerated in paragraphs (1) through
(6) of section 303(d) [21 USCS Section 823(d)(1)--(6)]
shall be considered.

The Attorney
General shall register an applicant to import or export a list
I chemical unless the Attorney General determines that registration
of the applicant is inconsistent with the public interest. Registration
under this subsection shall not be required for the import or
export of a drug product that is exempted under section 102(39)(A)(iv)
[21 USCS Section 802(39)(A)(iv)].

In determining
the public interest for the purposes of subparagraph (A), the
Attorney General shall consider the factors specified in section
303(h) [21 USCS Section 823(h)].

Denial of application;
revocation or suspension of registration.

The Attorney
General may deny an application for registration under subsection
(a) if he is unable to determine that such registration is consistent
with the public interest (as defined in subsection (a)) and with
the United States obligations under international treaties, conventions,
or protocols in effect on the effective date of this part.

The Attorney
General may deny an application for registration under subsection
(c), or revoke or suspend a registration under subsection (a) or
(c), if he determines that such registration is inconsistent with
the public interest (as defined in subsection (a) or (c)) or with
the United States obligations under international treaties, conventions,
or protocols in effect on the effective date of this part.

The Attorney
General may limit the revocation or suspension of a registration
to the particular controlled substance, or substances, or list I
chemical or chemicals, with respect to which grounds for revocation
or suspension exist.

Before taking
action pursuant to this subsection, the Attorney General shall serve
upon the applicant or registrant an order to show cause as to why
the registration should not be denied, revoked, or suspended. The
order to show cause shall contain a statement of the basis thereof
and shall call upon the applicant or registrant to appear before
the Attorney General, or his designee, at a time and place stated
in the order, but in no event less than thirty days after the date
of receipt of the order. Proceedings to deny, revoke, or suspend
shall be conducted pursuant to this subsection in accordance with
subchapter II of chapter 5 of title 5 of the United States Code
[5 USCS Sections 551 et seq.]. Such proceedings shall be
independent of, and not in lieu of, criminal prosecutions or other
proceedings under this title or any other law of the United States.

The Attorney
General may, in his discretion, suspend any registration simultaneously
with the institution of proceedings under this subsection, in cases
where he finds that there is an imminent danger to the public health
and safety. Such suspension shall continue in effect until the conclusion
of such proceedings, including judicial review thereof, unless sooner
withdrawn by the Attorney General or dissolved by a court of competent
jurisdiction.

In the event
that the Attorney General suspends or revokes a registration granted
under this section, all controlled substances or list I chemicals
owned or possessed by the registrant pursuant to such registration
at the time of suspension or the effective date of the revocation
order, as the case may be, may, in the discretion of the Attorney
General, be seized or placed under seal. No disposition may be made
of any controlled substances or list I chemicals under seal until
the time for taking an appeal has elapsed or until all appeals have
been concluded, except that a court, upon application therefor,
may at any time order the sale of perishable controlled substances
or list I chemicals. Any such order shall require the deposit of
the proceeds of the sale with the court. Upon a revocation order
becoming final, all such controlled substances or list I chemicals
(or proceeds of the sale thereof which have been deposited with
the court) shall be forfeited to the United States; and the Attorney
General shall dispose of such controlled substances or list I chemicals
in accordance with section 511(e) of the Controlled Substances Act
[21 USCS Section881(e)].

Registration
period. No registration shall be issued under this part [21 USCS
Sections 951 et seq.] for a period in excess of one year. Unless
the regulations of the Attorney General otherwise provide, sections
302(f), 305, 307, and 310 [21 USCS Sections 822(f), 825, 827,
and 830] shall apply to persons registered under this section to the
same extent such sections apply to persons registered under section
303 [21 USCS Section 823].

Rules and regulations.
The Attorney General is authorized to promulgate rules and regulations
and to charge reasonable fees relating to the registration of importers
and exporters of controlled substances or list I chemicals under this
section.

Scope of authorized
activity. Persons registered by the Attorney General under this section
to import or export controlled substances or list I chemicals may import
or export (and, for the purpose of so importing or exporting, may possess)
such substances to the extent authorized by their registration and in
conformity with the other provisions of this title and title II.

Separate registrations
for each principal place of business. A separate registration shall
be required at each principal place of business where the applicant
imports or exports controlled substances or list I chemicals.

Emergency situations.
Except in emergency situations as described in section 1002(a)(2)(A)
[21 USCS Section 952(a)(2)(A)], prior to issuing a registration
under this section to a bulk manufacturer of a controlled substance
in schedule I or II, and prior to issuing a regulation under section
1002(a) [21 USCS Section 952(a)] authorizing the importation
of such a substance, the Attorney General shall give manufacturers holding
registrations for the bulk manufacture of the substance an opportunity
for a hearing.

It shall be unlawful
for any person to manufacture or distribute a controlled substance in
schedule I or II--

intending
that such substance be unlawfully imported into the United States
or into waters within a distance of 12 miles of the coast of the
United States; or

knowing that
such substance will be unlawfully imported into the United States
or into waters within a distance of 12 miles of the coast of the
United States.

It shall be unlawful
for any United States citizen on board any aircraft, or any person on
board an aircraft owned by a United States citizen or registered in
the United States, to--

manufacture
or distribute a controlled substance; or

possess a
controlled substance with intent to distribute.

This section is
intended to reach acts of manufacture or distribution committed outside
the territorial jurisdiction of the United States. Any person who violates
this section shall be tried in the United States district court at the
point of entry where such person enters the United States, or in the
United States District Court for the District of Columbia.

In the case
of a violation of subsection (a) of this section involving--

1 kilogram
or more of a mixture or substance containing a detectable amount
of heroin;

5 kilograms
or more of a mixture or substance containing a detectable amount
of--

coca
leaves, except coca leaves and extracts of coca leaves from
which cocaine, ecgonine, and derivatives of ecgonine or
their salts have been removed;

cocaine,
its salts, optical and geometric isomers, and salts or isomers;

ecgonine,
its derivatives, their salts, isomers, and salts of isomers;
or

any
compound, mixture, or preparation which contains any quantity
of any of the substances referred to in clauses (i) through
(iii);

50 grams
or more of a mixture or substance described in subparagraph
(B) which contains cocaine base;

100 grams
or more of phencyclidine (PCP) or 1 kilogram or more of a mixture
or substance containing a detectable amount of phencyclidine
(PCP);

10 grams
or more of a mixture or substance containing a detectable amount
of lysergic acid diethylamide (LSD);

400 grams
or more of a mixture or substance containing a detectable amount
of N-phenyl-N- [1-(2-phenylethyl)-4-piperidinyl] propanamide
or 100 grams or more of a mixture or substance containing a
detectable amount of any analogue of N-phenyl-N [1-(2-phenylethyl)-4-piperidinyl]
propanamide;

1000 kilograms
or more of a mixture or substance containing a detectable amount
of marihuana; or

100 grams
or more of methamphetamine, its salts, isomers, and salts of
its isomers or 1 kilogram or more of a mixture or substance
containing a detectable amount of methamphetamine, its salts,
isomers, or salts of its isomers.

the person
committing such violation shall be sentenced to a term of imprisonment
of not less than 10 years and not more than life and if death
or serious bodily injury results from the use of such substance
shall be sentenced to a term of imprisonment of not less than
20 years and not more than life, a fine not to exceed the greater
of that authorized in accordance with the provisions of title
18, United States Code, or $ 4,000,000 if the defendant is an
individual or $ 10,000,000 if the defendant is other than an individual,
or both. If any person commits such a violation after a prior
conviction for a felony drug offense has become final, such person
shall be sentenced to a term of imprisonment of not less than
20 years and not more than life imprisonment and if death or serious
bodily injury results from the use of such substance shall be
sentenced to life imprisonment, a fine not to exceed the greater
of twice that authorized in accordance with the provisions of
title 18, United States Code, or $ 8,000,000 if the defendant
is an individual or $ 20,000,000 if the defendant is other than
an individual, or both. Any sentence under this paragraph shall,
in the absence of such a prior conviction, impose a term of supervised
release of at least 5 years in addition to such term of imprisonment
and shall, if there was such a prior conviction, impose a term
of supervised release of at least 10 years in addition to such
term of imprisonment. Notwithstanding any other provision of law,
the court shall not place on probation or suspend the sentence
of any person sentenced under this paragraph. No person sentenced
under this paragraph shall be eligible for parole during the term
of imprisonment imposed therein.

In the case
of a violation of subsection (a) of this section involving--

100 grams
or more of a mixture or substance containing a detectable amount
of heroin;

500 grams
or more of a mixture or substance containing a detectable amount
of--

coca
leaves, except coca leaves and extracts of coca leaves from
which cocaine, ecgonine, and derivatives of ecgonine or
their salts have been removed;

cocaine,
its salts, optical and geometric isomers, and salts or isomers;

ecgonine,
its derivatives, their salts, isomers, and salts of isomers;
or

any
compound, mixture, or preparation which contains any quantity
of any of the substances referred to in clauses (i) through
(iii);

5 grams
or more of a mixture or substance described in subparagraph
(B) which contains cocaine base;

10 grams
or more of phencyclidine (PCP) or 100 grams or more of a mixture
or substance containing a detectable amount of phencyclidine
(PCP);

1 gram
or more of a mixture or substance containing a detectable amount
of lysergic acid diethylamide (LSD);

40 grams
or more of a mixture or substance containing a detectable amount
of N-phenyl-N- [1-(2-phenylethyl)-4-piperidinyl] propanamide
or 10 grams or more of a mixture or substance containing a detectable
amount of any analogue of N-phenyl-N- [1-(2-phenylethyl)-4-piperidinyl]
propanamide;

100 kilograms
or more of a mixture or substance containing a detectable amount
of marihuana; or

10 grams
or more of methamphetamine, its salts, isomers, and salts of
its isomers or 100 grams or more of a mixture or substance containing
a detectable amount of methamphetamine, its salts, isomers,
or salts of its isomers.

the person
committing such violation shall be sentenced to a term of imprisonment
of not less than 5 years and not more than 40 years and if death
or serious bodily injury results from the use of such substance
shall be sentenced to a term of imprisonment of not less than
twenty years and not more than life, a fine not to exceed the
greater of that authorized in accordance with the provisions of
title 18, United States Code, or $ 2,000,000 if the defendant
is an individual or $ 5,000,000 if the defendant is other than
an individual, or both. If any person commits such a violation
after a prior conviction for a felony drug offense has become
final, such person shall be sentenced to a term of imprisonment
of not less than 10 years and not more than life imprisonment
and if death or serious bodily injury results from the use of
such substance shall be sentenced to life imprisonment, a fine
not to exceed the greater of twice that authorized in accordance
with the provisions of title 18, United States Code, or $ 4,000,000
if the defendant is an individual or $ 10,000,000 if the defendant
is other than an individual, or both. Any sentence imposed under
this paragraph shall, in the absence of such a prior conviction,
include a term of supervised release of at least 4 years in addition
to such term of imprisonment and shall, if there was such a prior
conviction, include a term of supervised release of at least 8
years in addition to such term of imprisonment. Notwithstanding
any other provision of law, the court shall not place on probation
or suspend the sentence of any person sentenced under this paragraph.
No person sentenced under this paragraph shall be eligible for
parole during the term of imprisonment imposed therein.

In the case
of a violation under subsection (a) of this section involving a
controlled substance in schedule I or II, the person committing
such violation shall, except as provided in paragraphs (1), (2),
and (4), be sentenced to a term of imprisonment of not more than
20 years and if death or serious bodily injury results from the
use of such substance shall be sentenced to a term of imprisonment
of not less than twenty years and not more than life, a fine not
to exceed the greater of that authorized in accordance with the
provisions of title 18, United States Code, or $ 1,000,000 if the
defendant is an individual or $ 5,000,000 if the defendant is other
than an individual, or both. If any person commits such a violation
after a prior conviction for a felony drug offense has become final,
such person shall be sentenced to a term of imprisonment of not
more than 30 years and if death or serious bodily injury results
from the use of such substance shall be sentenced to life imprisonment,
a fine not to exceed the greater of twice that authorized in accordance
with the provisions of title 18, United States Code, or $ 2,000,000
if the defendant is an individual or $ 10,000,000 if the defendant
is other than an individual, or both. Any sentence imposing a term
of imprisonment under this paragraph shall, in the absence of such
a prior conviction, impose a term of supervised release of at least
3 years in addition to such term of imprisonment and shall, if there
was such a prior conviction, impose a term of supervised release
of at least 6 years in addition to such term of imprisonment. Notwithstanding
the prior sentence, and notwithstanding any other provision of law,
the court shall not place on probation or suspend the sentence of
any person sentenced under the provisions of this paragraph which
provide for a mandatory term of imprisonment if death or serious
bodily injury results, nor shall a person so sentenced be eligible
for parole during the term of such a sentence.

In the case
of a violation under subsection (a) with respect to less than 50
kilograms of marihuana, except in the case of 10 or more marihuana
plants regardless of weight, less than 10 kilograms of hashish,
less than one kilogram of hashish oil, or any quantity of a controlled
substance in schedule III, IV, or V, the person committing such
violation shall be imprisoned not more than five years, or be fined
not to exceed the greater of that authorized in accordance with
the provisions of title 18, United States Code, or $ 250,000 if
the defendant is an individual or $ 1,000,000 if the defendant is
other than an individual, or both. If a sentence under this paragraph
provides for imprisonment, the sentence shall, in addition to such
term of imprisonment, include (A) a term of supervised release of
not less than two years if such controlled substance is in schedule
I, II, III, or (B) a special parole term of not less than one year
if such controlled substance is in schedule IV.

[Repealed]

Penalty for importation
or exportation. A person who knowingly or intentionally--

imports or
exports a listed chemical with intent to manufacture a controlled
substance in violation of this title or title II;

exports a
listed chemical in violation of the laws of the country to which
the chemical is exported or serves as a broker or trader for an
international transaction involving a listed chemical, if the transaction
is in violation of the laws of the country to which the chemical
is exported;

imports or
exports a listed chemical knowing, or having reasonable cause to
believe, that the chemical will be used to manufacture a controlled
substance in violation of this title or title II;

exports a
listed chemical, or serves as a broker or trader for an international
transaction involving a listed chemical, knowing, or having reasonable
cause to believe, that the chemical will be used to manufacture
a controlled substance in violation of the laws of the country to
which the chemical is exported;

imports or
exports a listed chemical, with the intent to evade the reporting
or recordkeeping requirements of section 1018 [21 USCS Section
971] applicable to such importation or exportation by falsely
representing to the Attorney General that the importation or exportation
qualifies for a waiver of the 15-day notification requirement granted
pursuant to section 1018(e) (2) or (3) [21 USCS Section 971(e)(2)
or (3)] by misrepresenting the actual country of final destination
of the listed chemical or the actual listed chemical being imported
or exported; or

imports or
exports a listed chemical in violation of section 1007 or 1018 [21USCS Section 957 or 971],

shall be fined
in accordance with title 18, imprisoned not more than 10 years, or
both.

Any person who violated
section 1004 [21 USCS Section 954] or fails to notify the Attorney
General of an importation or exportation under section 1018 [21 USCS
Section 971] shall be subject to the following penalties:

Except as provided
in paragraph (2), any such person shall, with respect to any such violation,
be subject to a civil penalty of not more than $ 25,000. Sections 402(c)(1)
and (c)(3) [21 USCS Section842(c)(1), (3)] shall
apply to any civil penalty assessed under this paragraph.

If such a violation
is prosecuted by an information or indictment which alleges that the
violation was committed knowingly or intentionally and the trier of
fact specifically finds that the violation was so committed, such person
shall be sentenced to imprisonment for not more than one year or a fine
of not more than $ 25,000 or both.

Term of imprisonment
and fine. Any person convicted of any offense under this part [21USCS Sections 951 et seq.] is, if the offense is a second or
subsequent offense, punishable by a term of imprisonment twice that
otherwise authorized, by twice the fine otherwise authorized, or by
both. If the conviction is for an offense punishable under section 1010(b)
[21 USCS Section 960(b)], and if it is the offender's second
or subsequent offense, the court shall impose, in addition to any term
of imprisonment and fine, twice the term of supervised release otherwise
authorized.

Determination
of status. For purposes of this section, a person shall be considered
convicted of a second or subsequent offense if, prior to the commission
of such offense, one or more prior convictions of such person for a
felony drug offense have become final.

Procedures applicable.
Section 411 [21 USCS Section 851] shall apply with respect
to any proceeding to sentence a person under this section.

Any person who attempts
or conspires to commit any offense defined in this title shall be subject
to the same penalties as those prescribed for the offense, the commission
of which was the object of the attempt or conspiracy.

Part E of title II
[21 USCS Sections 871 et seq.] shall apply with respect to functions
of the Attorney General (and of officers and employees of the Bureau of
Narcotics and Dangerous Drugs) under this title, to administrative and
judicial proceedings under this title, and to violations of this title,
to the same extent that such part [21 USCS Sections 871 et seq.]
applies to functions of the Attorney General (and such officers and employees)
under title II, to such proceedings under title II, and to violations
of title II. For purposes of the application of this section to section
510 or 511 [21 USCS Sections 880, 881], any reference in such section
510 or 511 [21 USCS Sections 880, 881] to "this title" shall
be deemed to be a reference to title III, any reference to section 303
[21 USCS Section 823] shall be deemed to be a reference to section
1008 [21 USCS Section 958], and any reference to section 302(d)
[21 USCS Section 822(d)] shall be deemed to be a reference to
section 1007(b)(2) [21 USCS Section957(b)(2)].

For the purpose of
any investigation which, in the opinion of the Secretary of the Treasury,
is necessary and proper to the enforcement of section 545 of title 18
of the United States Code [18USCS Section 545] (relating
to smuggling goods into the United States) with respect to any controlled
substance (as defined in section 102 of the Controlled Substances Act
[21 USCS Section 802]), the Secretary of the Treasury may administer
oaths and affirmations, subpoena witnesses, compel their attendance, take
evidence, and require the production of records (including books, papers,
documents, and tangible things which constitute or contain evidence) relevant
or material to the investigation. The attendance of witnesses and the
production of records may be required from any place within the customs
territory of the United States, except that a witness shall not be required
to appear at any hearing distant more then 100 miles from the place where
he was served with subpoena. Witnesses summoned by the Secretary shall
be paid the same fees and mileage that are paid witnesses in the courts
of the United States. Oaths and affirmations may be made at any place
subject to the jurisdiction of the United States.

A subpoena of the
Secretary of the Treasury may be served by any person designated in the
subpoena to serve it. Service upon a natural person may be made by personal
delivery of the subpoena to him. Service may be made upon a domestic or
foreign corporation or upon a partnership or other unincorporated association
which is subject to suit under a common name, by delivering the subpoena
to an officer, a managing or general agent, or to any other agent authorized
by appointment or by law to receive service of process. The affidavit
of the person serving the subpoena entered on a true copy thereof by the
person serving it shall be proof of service.

In case of contumacy
by, or refusal to obey a subpoena issued to, any person, the Secretary
of the Treasury may invoke the aid of any court of the United States within
the jurisdiction of which the investigation is carried on or of which
the subpenaed person is an inhabitant, carries on business or may be found,
to compel compliance with the subpoena of the Secretary of the Treasury.
The court may issue an order requiring the subpenaed person to appear
before the Secretary of the Treasury there to produce records, if so ordered,
or to give testimony touching the matter under investigation. Any failure
to obey the order of the court may be punished by the court as a contempt
thereof. All process in any such case may be served in the judicial district
whereof the subpenaed person is an inhabitant or wherever he may be found.

Section 971. Notification,
suspension of shipment, and penalties with respect to importation and
exportation of listed chemicals

Each regulated
person who imports or exports a listed chemical shall notify the Attorney
General of the importation or exportation not later than 15 days before
the transaction is to take place.

The Attorney
General shall provide by regulation for circumstances in which the
requirement of subsection (a) does not apply to a transaction between
a regulated person and a regular customer or to an importation by
a regular importer. At the time of any importation or exportation
constituting a transaction referred to in the preceding sentence,
the regulated person shall notify the Attorney General of the transaction.

The regulations
under this subsection shall provide that the initial notification
under subsection (a) with respect to a customer of a regulated person
or to an importer shall, upon the expiration of the 15-day period,
qualify the customer as a regular customer or the importer as a
regular importer, unless the Attorney General otherwise notifies
the regulated person in writing.

The Attorney
General may order the suspension of any importation or exportation
of a listed chemical (other than a regulated transaction to which
the requirement of subsection (a) does not apply by reason of subsection
(b)) or may disqualify any regular customer or regular importer
on the ground that the chemical may be diverted to the clandestine
manufacture of a controlled substance. From and after the time when
the Attorney General provides written notice of the order (including
a statement of the legal and factual basis for the order) to the
regulated person, the regulated person may not carry out the transaction.

Upon written
request to the Attorney General, a regulated person to whom an order
applies under paragraph (1) is entitled to an agency hearing on
the record in accordance with subchapter II of chapter 5 of title
5, United States Code [5 USCSSections 551 et
seq.]. The hearing shall be held on an expedited basis and not later
than 45 days after the request is made, except that the hearing
may be held at a later time, if so requested by the regulated person.

A person located
in the United States who is a broker or trader for an international
transaction in a listed chemical that is a regulated transaction solely
because of that person's involvement as a broker or trader shall, with
respect to that transaction, be subject to all of the notification,
reporting, recordkeeping, and other requirements placed upon exporters
of listed chemicals by this title and title II.

The Attorney
General may by regulation require that the 15-day notification requirement
of subsection (a) apply to all exports of a listed chemical to a
specified country, regardless of the status of certain customers
in such country as regular customers, if the Attorney General finds
that such notification is necessary to support effective chemical
diversion control programs or is required by treaty or other international
agreement to which the United States is a party.

The Attorney
General may by regulation waive the 15-day notification requirement
for exports of a listed chemical to a specified country if the Attorney
General determines that such notification is not required for effective
chemical diversion control. If the notification requirement is waived,
exporters of the listed chemical shall be required to submit to
the Attorney General reports of individual exportations or periodic
reports of such exportation of the listed chemical, at such time
or times and containing such information as the Attorney General
shall establish by regulation.

The Attorney
General may by regulation waive the 15-day notification requirement
for the importation of a listed chemical if the Attorney General
determines that such notification is not necessary for effective
chemical diversion control. If the notification requirement is waived,
importers of the listed chemical shall be required to submit to
the Attorney General reports of individual importations or periodic
reports of the importation of the listed chemical, at such time
or times and containing such information as the Attorney General
shall establish by regulation.